California OAH special education order · April 25, 2024

Order Denying Request for Continuance Without Prejudice

OAH Case No. 2024040199, 2024030829 · ALJ Charles Marson

OAH denied the parties' joint continuance request without prejudice because they left the mediation section of OAH's form blank and gave no other showing of good cause.

Denied without prejudice Scheduling and continuances

This case went to decision

Student v. Twin Rivers Unified School District (consolidated): Twin Rivers Unified must restore $8,800 for READ Academy tuition and pay mileage; January 2024 IEP denied FAPE. (2024)

Summary

Both parties filed a joint request to continue the due process hearing on OAH's combined mediation-and-continuance form. They left the mediation section blank. OAH explained that the form has no space to describe good cause because wanting to mediate is itself good cause. Because the parties skipped the mediation portion and showed no other good cause, OAH denied the request without prejudice and kept all prehearing conference and hearing dates.

Why it matters

A joint request to continue is not approved automatically. If the parties do not agree to mediate, they must show specific good cause, such as an unavailable witness or attorney, or OAH may keep the hearing dates.

Key authority cited

  • 34 C.F.R. § 300.515(a)
  • 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

continuance good cause joint request mediation hearing dates

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 CONSOLIDATED MATTERS INVOLVING:

PARENT ON BEHALF OF STUDENT,

and

TWIN RIVERS UNIFIED SCHOOL DISTRICT,

OAH CASE NUMBER 2024040199

OAH CASE NUMBER 2024030829

ORDER DENYING REQUEST FOR CONTINUANCE

WITHOUT PREJUDICE

APRIL 25, 2024

On April 22, 2024, the parties filed a request to continue the due process hearing with the Office of Administrative Hearings, OAH.

OAH must conduct a due process hearing and issue a decision within 45 days of receiving the due process complaint unless an extension is granted. (34 C.F.R.

§ 300.515(a); Ed. Code, §§ 56502, subd. (f), 56505, subd. (f)(3).) Resolving the due process hearing quickly is legally required. Hearings may only be continued if "good cause" is established. (Ed. Code, § 56505, subd. (f)(3).) OAH is guided by the Administrative Procedure Act and the California Rules of Court when ruling on continuance motions. (Cal. Code Regs., tit. 1, § 1020; Cal. Rules of Court, rule 3.1332.)

Good cause to continue a hearing may include:

• An essential lay or expert witness is unavailable because of death, illness,

or other excusable circumstances;

• A party is unavailable because of death, illness, or other excusable

circumstances;

• A party’s attorney is unavailable because of death, illness, or other

excusable circumstances;

• A new attorney substitutes in, but only if the party establishes that the

substitution is required in the interests of justice;

• A new party is added, and the new party has not had a reasonable

opportunity to prepare for trial, or other parties have not had a reasonable opportunity to prepare for trial regarding the new party's involvement;

• A party is unable to obtain essential testimony, documents, or other

material evidence despite diligent efforts; or

• The case has a significant and unexpected change which makes the case

not ready for trial.

Generally, continuances are disfavored. (Cal. Rules of Court, rule 3.1332(c).)

The request is denied without prejudice for lack of a showing of good cause. The parties’ request was made on OAH’s form for requesting both a mediation and a continuance, but the parties left the part concerning mediation blank. That form does not have a place to describe good cause because the desire to mediate is itself good cause. In avoiding the mediation portion of the form, the parties took on the familiar burden of showing good cause for a continuance and did not do so.

The request is denied without prejudice. All prehearing conference and due process hearing dates are confirmed and will proceed as calendared.

IT IS SO ORDERED.

Charles Marson Administrative Law Judge Office of Administrative Hearings