California OAH special education order · March 13, 2023
Order Granting Request for Continuance of Due Process Hearing
OAH Case No. 2023010438 · ALJ Tiffany Gilmartin
OAH granted a short continuance over Magnolia Public Schools' opposition because Parent's mandatory new-employee training was good cause, and the district had also asked to delay the hearing start.
This case went to decision
Student v. Magnolia Science Academy-Santa Ana (consolidated): Magnolia Science Academy-Santa Ana may reassess a student without parent consent; three-year rule applies despite disputed prior IEP. (2023)
Summary
Parent asked OAH to continue the due process hearing because she had to attend mandatory new-employee onboarding training. Magnolia Public Schools opposed, arguing the request was late and lacked good cause, but it had also separately asked to delay the hearing start because its counsel was presenting at a charter school conference. OAH found good cause for a brief continuance, vacated all dates, and reset the hearing for April 11, 12, and 13, 2023. OAH noted that Parent's separate case, No. 2023010808, is not consolidated with this one and is not affected by the order.
Why it matters
A parent's unavoidable work obligation can be good cause for a short continuance, even over district opposition. A district's argument against a continuance is weaker when the district has asked for a delay itself.
Key authority cited
- 34 C.F.R. § 300.515
- Ed. Code, § 56502, subd. (f)
- Ed. Code, § 56505, subd. (f)(3)
- Cal. Code Regs., tit. 1, § 1020
- 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:
MAGNOLIA PUBLIC SCHOOLS,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2023010438
ORDER GRANTING REQUEST FOR CONTINUANCE OF DUE
PROCESS HEARING
MARCH 13, 2023
On March 8, 2023, Student filed with the Office of Administrative Hearings, referred to as OAH, a request to continue this matter, based upon Parent’s unavailability due to mandatory new employee training. On March 10, 2023, Magnolia Public Schools opposed, arguing Parent’s request is untimely filed and Parent has failed to demonstrate good cause for the request. Parent filed a response to Magnolia Public School’s opposition on March 13, 2023.
Magnolia Public Schools, in a separate motion, also requested a delayed start to the due process hearing on March 8, 2023, because it’s counsel is presenting at the California Charter School Conference. Parent did not respond to Magnolia Public Schools’s motion.
It should be noted, Parent has filed a separate request for due process hearing on January 26, 2023, OAH case number, 2023010808. That matter is not consolidated with the instant case and any continuance orders are only applicable to this case.
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. Here, both parties requested a short continuance. While, Magnolia Public Schools opposes the length of Parent’s request, they, too, had requested a continuance of the start of the due process hearing. Parent has stated she is unable to participate in the due process hearing due to mandatory new employee onboarding training. Parent established good cause for a brief continuance.
This matter will be set as follows:
A Prehearing conference was held on March 6, 2023. A second one will not be scheduled.
Due Process Hearing will be held on April 11, 12, and 13, 2023. 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.
Tiffany Gilmartin Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings