California OAH special education order · July 27, 2022
Order Granting Request for Reconsideration; Order Granting Continuance
OAH Case No. 2022040464 · ALJ Cararea Lucier
OAH reversed its earlier denial and granted the joint continuance because Student showed new facts: settlement talks involve a new placement that is closed for the summer.
Summary
OAH had denied the parties' second joint request for mediation and a continuance because they had not shown good cause. Student asked OAH to reconsider. Student explained that the parties were discussing a settlement involving a new placement, and that the placement is closed during the summer, so the parties needed more time to look into it. Davis Joint Unified School District did not respond. OAH found these new facts showed good cause, granted reconsideration, and reset mediation for September 12, 2022, the prehearing conference for September 30, 2022, and the hearing for October 11 through 13, 2022.
Why it matters
Even a joint continuance request can be denied if it does not explain the reason. Spelling out specific facts, such as a potential placement that cannot be checked until it reopens, can turn a denial into a grant on reconsideration.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
- Ed. Code, § 56505, subd. (f)(3)
- 34 C.F.R. § 300.515
- 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.
DAVIS JOINT UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022040464
ORDER GRANTING REQUEST FOR RECONSIDERATION;
ORDER GRANTING CONTINUANCE
JULY 27, 2022
On July 20, 2022, the undersigned Administrative Law Judge issued an order denying the parties’ second joint request for mediation and a continuation of the due process hearing on the basis that the parties failed to provide good cause for a continuance. On July 21, 2022, Student filed a motion for reconsideration. The Office of Administrative Hearings did not receive a response from Davis Joint Unified School District.
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.)
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).)
DISCUSSION
Student offers new facts to support reconsideration. Student is requesting a continuance of the matter because the parties are discussing a potential settlement of that matter involving a new placement for the Student. The placement at issue is closed during the summer months and the parties require additional time to investigate and discuss this potential alternative placement. As Student has provided new information establishing good cause for a continuance, the motion for reconsideration and continuance request are granted.
ORDER
On reconsideration, the parties joint request for a mediation and continuance of the due process is granted.
MEDIATION DATE is September 12, 2022, 9:00 PM to 4:30 PM.
MEDIATION will occur via telephone or video.
PREHEARING CONFERENCE will be held on September 30, 2022, at 1:00 PM.
DUE PROCESS HEARING will be held on October 11, 2022, through October 13, 2022.
ANY CHANGES TO PARTICIPANT INFORMATION SHEETS FOR MEDIATION AND
PREHEARING CONFERENCES MUST BE FILED TWO BUSINESS DAYS PRIOR TO THE DATE
OF 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 prehearing conference or with a showing of good cause why it was not timely filed.
IT IS SO ORDERED.
Cararea Lucier Administrative Law Judge Office of Administrative Hearings