California OAH special education order · January 26, 2024
Order Granting Request for Reconsideration and Order Granting Motion to Reschedule Mediation and Continue Due Process Hearing
OAH Case No. 2023110253 · ALJ Claire Yazigi
OAH granted reconsideration of its denial of a joint continuance request because Student's counsel corrected the canceled mediation date and reason, but gave a shorter continuance than the parties asked for.
Summary
OAH had denied the parties' joint motion to reschedule mediation and continue the hearing on January 26, 2024. On January 30, 2024, the parties filed a new joint motion, which OAH treated as a request for reconsideration. Student's counsel filed a declaration correcting the wrong date and wrong reason given earlier for the canceled mediation. OAH found these new facts justified reconsideration and found good cause to reset mediation to March 15, 2024, and the hearing to April 3 and 4, 2024, but not for the full length of continuance requested.
Why it matters
Continuance requests must be accurate and supported by a declaration. Errors in dates or reasons can get a request denied, though a prompt corrected filing with new facts can win reconsideration. Even joint requests may get a shorter continuance than asked for.
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(a)
- 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.
GILROY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023110253
ORDER GRANTING REQUEST FOR RECONSIDERATION
AND ORDER GRANTING MOTION TO RESCHEDULE
MEDIATION AND CONTINUE DUE PROCESS HEARING
On January 26, 2024, the Office of Administrative Hearings denied the parties’ motion to reschedule mediation and continue due process hearing. On January 30, 2024, the parties jointly and timely filed another “Joint Motion to Reschedule Mediation and Continue Due Process Hearing,” which is treated here as a motion for reconsideration of the prior order.
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
Through declaration, counsel for Student offers new facts to support reconsideration. In particular, the declaration corrects erroneous dates set forth in the parties’ previous request to reschedule mediation. The motion denied by OAH included an incorrect date of the canceled mediation as well an incorrect reason why counsel for Student canceled the mediation. Counsel’s present declaration addresses the correct canceled date for mediation and the reason it was canceled. The motion for reconsideration is granted.
ORDER
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. (34 C.F.R. § 300.515(a); Ed. Code, §§ 56502, subd. (f), 56505, subd. (f)(3).) Speedy resolution of the due process hearing is mandated by law and continuance of the hearing may be granted only upon a showing of good cause. (Ed. Code, § 56505, subd. (f)(3).) In ruling upon a motion for continuance, OAH is guided by the provisions found within the Administrative Procedure Act and the California Rules of Court that concern motions to continue. (Cal. Code Regs., tit. 1, § 1020; Cal. Rules of Court, rule 3.1332.) Generally, continuances of matters are disfavored. (Cal. Rules of Court, rule 3.1332(c).)
The parties have not yet participated in mediation. On reconsideration, good cause exists to reschedule mediation to March 15, 2024, and to continue due process hearing. The parties did not, however, establish good cause for the length of continuance of hearing they requested.
MEDIATION will be held on March 15, 2024, at 9:00 AM to 4:30 PM.
PREHEARING CONFERENCE will be held on March 22, 2024, at 10:00 AM.
DUE PROCESS HEARING will be held on April 3, and 4, 2024. Hearing will not be held on April 2, 2024, due to the state holiday earlier that week. The hearing will continue day to day, as needed, Mondays and Fridays included, at the discretion of the Administrative Law Judge.
The mediation, prehearing conference, and due process hearing will be held by videoconference or telephone, unless otherwise ordered. The due process hearing will begin at 9:30 AM on all days, and generally end at 3:30 PM, unless otherwise ordered.
Prehearing conference statements and motions are due to OAH no later than three business days before the prehearing conference. Late motions will only be considered if good cause is established for the late filing.
The parties must immediately give potential witnesses the hearing dates, and must subpoena witnesses, if necessary, so they are available to testify. Failing to properly notify or subpoena a witness is not good cause to delay the hearing.
IT IS SO ORDERED.
Claire Yazigi Administrative Law Judge Office of Administrative Hearings