California OAH special education order · November 22, 2021
Order Granting Request for Reconsideration and Granting Request for Continuance
OAH Case No. 2021090903 · ALJ Cynthia Fritz
OAH reconsidered its earlier denial and granted Riverside a short continuance because the district submitted new witness declarations and travel evidence showing essential witnesses were unavailable.
This case went to decision
Student v. Riverside Unified School District: Riverside Unified must provide 211 compensatory hours and staff training for distance learning failures and missing occupational therapy consultation. (2022)
Summary
Riverside asked OAH to reconsider its November 12, 2021 order denying the district's motion to continue the hearing, and Student opposed. OAH granted reconsideration because Riverside offered new facts, including declarations from proposed witnesses and proof of travel arrangements. Based on that evidence, OAH found good cause for a short continuance due to witness unavailability, vacated the existing hearing dates, and reset the hearing for December 7, 8, and 9, 2021.
Why it matters
A party denied a continuance can get a second look if it promptly comes back with concrete proof, such as witness declarations and travel records, that it did not include the first time. Parents opposing a continuance should expect OAH to weigh documented witness unavailability heavily.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
- 34 C.F.R. § 300.515
- Ed. Code, § 56505, subd. (f)(3)
- Cal. Rules of Court, rule 3.1332
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
IN THE MATTER OF:
PARENTS ON BEHALF OF STUDENT,
v.
RIVERSIDE UNIFIED SCHOOL DISTRICT .
OAH CASE NUMBER 2021090903
ORDER GRANTING REQUEST FOR RECONSIDERATION
AND GRANTING REQUEST FOR CONTINUANCE
NOVEMBER 22, 2021
On November 12, 2021, the undersigned Administrative Law Judge issued an order denying Riverside Unified School District's motion for continuance. On November 16, 2021, Riverside filed a motion for reconsideration. On November 19, 2021, Student filed opposition to Riverside's motion for reconsideration.
APPLICABLE LAW
The Office of Administrative Hearings will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time, generally within ten days. (See, e.g., Gov. Code, § 11521; Code Civ. Proc., § 1008.) The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.)
DISCUSSION
Riverside offered new facts and circumstances in support of its request for reconsideration including declarations of proposed witnesses and evidence of travel arrangements. Thus, reconsideration is granted.
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; or another significant, unanticipated change in the status of the case as a result of which the case is not ready for hearing.
(See 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; and any other relevant fact or circumstance. (See Cal. Rules of Court, rule 3.1332(d).)
After review of the declarations and evidence presented in Riverside's motion for reconsideration, Riverside established good cause for a short continuance in this matter due to the unavailability of witnesses. Accordingly, Riverside's request for continuance is granted. All due process hearing dates are vacated. The due process hearing in this matter is set as follows:
Due Process Hearing: December 7, 8, 9, 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. Prehearing conference statements and motions are due to the Office of Administrative Hearing no later than three business days before the prehearing conference or with a showing of good cause why it was not timely filed.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings