Order Granting Request for Continuance and Setting Prehearing Conference and Due Process Hearing

BEFORE THE

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA

IN THE MATTER OF:

PARENTS ON BEHALF OF STUDENT,

v.

COMPTON UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2021090098

ORDER GRANTING REQUEST FOR CONTINUANCE AND

SETTING PREHEARING CONFERENCE AND

DUE PROCESS HEAIRNG

OCTOBER 15, 2021

On October 13, 2021, Compton Unified School District filed with the Office of Administrative Hearings, referred to as OAH, a request to continue this matter, based upon counsel’s unavailabity due to other hearings scheduled on the same date as this matter. On October 14, 2021, Student opposed the request based upon the length of time requested for the continuance.

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).)

OAH has reviewed the request for good cause and considered all relevant facts and circumstances. The request is:

Granted. All dates are vacated. The continuance request is granted based upon an earlier filed case, OAH case number 2021050037, has held a prehearing conference confirming that it will proceed to hearing on the same dates scheduled in this matter.

The earlier filed case takes precedent over this matter. No good cause has been shown to continue this matter to the dates requested by Compton Unified based upon later filed cases being set for hearing. This matter will be set as follows:

Prehearing Conference will be held on November 1, 2021, at 3:00 PM.

Due Process Hearing will be held on November 9, 2021, through November 10,

2021. 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.

The parties shall immediately notify all potential witnesses of the hearing dates, and shall subpoena witnesses if necessary, to ensure their availability to testify. Good cause for witness unavailability is not established by failing to properly notify or subpoena a witness. Prehearing conference statements and motions are due to OAH no later than three business days before the prehearing conference or with evidence of good cause why it was not possible to file the motion by that date.

IT IS SO ORDERED.

Marlo Nisperos Administrative Law Judge Office of Administrative Hearings