California OAH special education order · October 2, 2024

Order Denying Request for Continuance of Due Process Hearing

OAH Case No. 2024060974 · ALJ Cole Dalton

OAH denied Student's request for a 30-day continuance. Student showed good cause because counsel had a conflicting hearing, but did not show that counsel met and conferred with Grossmont Union on agreeable new dates.

Denied Scheduling and continuances

This case went to decision

Student v. Newport-Mesa Unified School District: Newport-Mesa Unified prevails on all claims over 2022–2024 IEPs; aide, therapy, and nonpublic school requests denied. (2024)

Summary

Student asked OAH to continue the October 8–10, 2024 due process hearing by about 30 days. Student's attorney declared he was in another OAH hearing running from October 1 through October 17, 2024. OAH found good cause for a continuance. It still denied the request because Student did not show any effort to agree on new dates with Grossmont Union, but it allowed the parties to submit a new request with agreed dates starting October 22, 2024 or later.

Why it matters

Showing good cause is not enough to win a continuance. A party must also show it met and conferred with the other side on mutually agreeable dates and include declarations listing dates when people are unavailable.

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

People named in the order

  • Timothy Adams, Student's attorney
  • Cole Dalton, Administrative Law Judge

Topics

continuance good cause meet and confer attorney unavailability scheduling

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.

GROSSMONT UNION HIGH SCHOOL DISTRICT.

OAH CASE NUMBER 2024060974

ORDER DENYING REQUEST FOR CONTINUANCE OF

DUE PROCESS HEARING

OCTOBER 2, 2024

On June 26, 2024, Student filed a request for due process hearing with the Office of Administrative hearings, also called OAH, naming Grossmont Union High School District. On July 31, 2024, OAH issued an order granting the parties’ joint request for a mediation and continuance, setting the mediation for August 27, 2024, prehearing conference, also called PHC, for September 27, 2024 and due process hearing for October 8, 9, and 10, 2024.

On August 27, 2024, the parties participated in mediation. On September 27, 2024, the parties participated in the PHC.

On October 1, 2024, Student filed a motion to continue the due process hearing for approximately 30 days. Student supported the motion with a declaration from counsel, Timothy Adams. Adams stated that he has acted as students’ chosen attorney in this and another matter, OAH case number 2024030862. In the declaration, Adams states that hearing in OAH case number 2024030862 began October 1, 2024 and will proceed through October 17, 2024.

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).)

Student established good cause to continue the due process hearing. However, Student did not demonstrate that they met and conferred with Grossmont Union regarding mutually agreeable dates for a continuance.

The request is denied. All previously scheduled dates remain as scheduled.

Nothing in this order prevents the parties from submitting a request for continuance with agreed upon dates beginning October 22, 2024 or as soon thereafter as the parties are available. Such request must include declarations stating dates of unavailability, if any, arising on or after October 22, 2024 through the first date of availability for hearing.

IT IS SO ORDERED.

Cole Dalton Administrative Law Judge Office of Administrative Hearings