Order Following Prehearing Conference for Hearing by Videoconference and Granting Motion to Continue the Hearing

BEFORE THE

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA

IN THE MATTER OF:

PARENT ON BEHALF OF STUDENT,

v.

CORONA-NORCO UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2020120698

ORDER FOLLOWING PREHEARING CONFERENCE FOR

HEARING BY VIDEOCONFERENCE AND GRANTING

MOTION TO CONTINUE THE HEARING

FEBRUARY 1, 2021

On February 1, 2021, Administrative Law Judge Laurie Gorsline, Office of Administrative Hearings, held a prehearing conference by videoconference. The Administrative Law Judge is called an ALJ. The Office of Administrative Hearings is called OAH. The prehearing conference is called a PHC.

Sheila Bayne, Attorney at Law, appeared on behalf of Student and was assisted by James Peters III. Summer Dalessandro, Attorney at Law, appeared on behalf of Corona- Norco Unified School District. The PHC was recorded. Based upon discussion with the parties, the ALJ issues the following order:

HEARING DATES, TIMES, AND LOCATION

DUE PROCESS HEARING

On January 27, 2021, Corona-Norco filed a motion to continue the due process hearing from February 9 through 11, 2021 to April 6 through 8, 2021, based on unavailability due to two other cases set for hearing before OAH at the same time, and to allow the parties to schedule a mediation and engage in further settlement discussions. During the PHC, counsel for Corona-Norco, stated that one of the cases with conflicting hearing dates had been continued, but the other case with conflicting hearing dates was still pending, and that it was an older case and had previously been continued. Student’s counsel orally opposed the motion, claiming that it was untimely, and Student did not want to schedule a mediation at this time. As reflected in the record, Student proposed a shorter continuance if the matter was to be continued. Both parties agreed on March 12, 2021, at 1:00 PM for the PHC and March 23 through 25, 2021, for the due process hearing. Counsel for Corona-Norco indicated that there was one witness who may not be available during the school district’s Spring break, March 29 through April 2, 2021.

A due process hearing must be conducted and a decision rendered within 45 days of receipt of the due process notice unless an extension is granted for good cause.

(34 C.F.R. § 300.515(a) & (c) (2006); Ed. Code, §§ 56502, subd. (f), 56505, subd. (f)(3); Cal.

Code Regs., tit. 1, § 1020.) As a result, continuances are disfavored. Good cause may include the unavailability of a party, counsel, or an essential witness due to death, illness or other excusable circumstances; substitution of an attorney when the substitution is required in the interests of justice; a party’s excused inability to obtain essential testimony or other material evidence despite diligent efforts; or another significant, unanticipated change in the status of the case as a result of which the case is not ready for hearing. (Ed. Code, § 56505, subd. (f)(3); Cal. Rules of Court, rule 3.1332(c).) OAH considers all relevant facts and circumstances, including the proximity of the hearing date; previous continuances or delays; the length of continuance requested; the availability of other means to address the problem giving rise to the request; prejudice to a party or witness as a result of a continuance; the impact of granting a continuance on other pending hearings; whether trial counsel is engaged in another trial; whether the parties have stipulated to a continuance; whether the interests of justice are served by the continuance or imposing conditions on the continuance; and any other relevant fact or circumstance. (Cal. Rules of Court, rule 3.1332(d).)

The ALJ reviewed the request for good cause, considered all relevant facts and circumstances, and determined that the motion was timely and there was good cause for the continuance. The motion was timely filed three business days prior to the PHC.

Conflicting hearing dates in an older case which has already been continued is good cause for the continuance, and the parties agreed upon on mutually available dates.

The motion is granted. All dates are vacated, and the matter is continued as follows:

PREHEARING CONFERENCE will be held on March 12, 2021 at 1:00 PM.

DUE PROCESS HEARING will be held on March 23 through 25, 2021.

PARTICIPANT INFORMATION SHEETS FOR MEDIATION AND PREHEARING

CONFERENCES MUST BE FILED TWO BUSINESS DAYS PRIOR TO THE DATE OF THE

SCHEDULED EVENT.

ANY CHANGES TO THE PARTICIPANTS’ EMAIL ADDRESSES PROVIDED BY THE

PARTIES IN THEIR REQUEST MUST BE FILED TWO BUSINESS DAYS BEFORE THE

SCHEDULED EVENT.

The hearing shall begin at 9:30 AM on all days unless otherwise ordered. The hearing shall continue day to day, as needed at the discretion of the Administrative Law Judge. Prehearing conference statements and motions are due to OAH no later than three business days before the PHC, or with a showing of good cause why it was not possible to file the motion by that date.

HEARING LOCATION

OAH is authorized to conduct due process hearings by videoconference or telephone. (Cal. Code Regs., tit. 5, § 3082, subd. (g).) Based on state and federal guidance to address safety procedures due to the novel coronavirus, COVID-19, OAH will conduct the due process hearing by videoconference using the Microsoft Teams application. Unless otherwise ordered, participants are required to appear by videoconference using a webcam and Microsoft Teams.

The parties shall immediately notify all potential witnesses of the hearing dates and shall subpoena witnesses, if necessary, to ensure that the witnesses will appear to testify. A party’s failure to notify or subpoena a witness to testify will not be considered good cause to continue the hearing. Instructions for issuing and responding to subpoenas and optional forms for subpoenas can be found on the website at https://www.dgs.ca.gov/OAH/Case-Types/Special- Education/Forms/Subpoenas?search=special%20education%20subpoena.

SETTLEMENT

The parties are encouraged to continue working together to reach an agreement before the due process hearing. The parties shall inform OAH in writing immediately if they reach a settlement or otherwise resolve the dispute before the scheduled hearing.

In addition, if a settlement is reached within five days of the scheduled start of the due process hearing, the parties shall also inform OAH of the settlement by telephone at (916) 263-0880. At the same time, the parties should send the signature page of the signed agreement or a letter withdrawing the case to OAH at https://www.applications.dgs.ca.gov/oah/oahsftweb.

If a full and final written settlement agreement is reached after 4:00 PM the day prior to hearing, the parties shall leave a voicemail message regarding the settlement at (916) 274-6035. The parties should also leave contact information such as cellular phone numbers of each party or counsel for each party.

Dates for hearing will not be cancelled until the letter of withdrawal or signature page of the signed agreement has been received and processed by OAH. If an agreement in principle is reached, the parties should plan to attend the scheduled hearing unless different arrangements have been agreed upon by the assigned ALJ. The assigned ALJ will check for messages before the hearing.

If the matter settles subject to board approval, in addition to a signed copy of the signature page of the settlement agreement, the parties shall provide the date of the next board meeting. The hearing dates will not be cancelled without this information.

FAILURE TO COMPLY

The failure to comply with this Order may result in the exclusion of evidence or other sanctions.

IT IS SO ORDERED.

Laurie Gorsline Administrative Law Judge Office of Administrative Hearings