California OAH special education order · December 23, 2024
Order Denying Second Request for Continuance
OAH Case No. 2024100129 · ALJ Cararea Lucier
OAH denied the parties' second joint request for mediation and a continuance because they gave no information or argument showing good cause; all prehearing conference and hearing dates stand.
This case went to decision
Student v. San Diego Unified School District: San Diego Unified denied FAPE by not shortening a student's nearly two-hour morning bus ride; 67.5 tutoring hours ordered. (2025)
Summary
Parent and San Diego jointly asked OAH a second time to set a mediation and continue the prehearing conference and due process hearing. OAH had already granted one joint continuance, and the parties had mediated on December 12, 2024. OAH denied the new request because the parties offered no facts or arguments showing good cause, which the law requires because hearings must be resolved quickly. OAH also noted it will not hold hearings on March 11 through 13, 2025, the dates the parties requested, because of statewide ALJ training.
Why it matters
Even a joint request to continue a hearing can be denied if it does not explain why good cause exists. Parties who want more time to settle should give specific reasons, such as progress in negotiations or unavailable witnesses, especially when asking for a second continuance.
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
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.
SAN DIEGO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024100129
ORDER DENYING SECOND REQUEST FOR CONTINUANCE
DECEMBER 23, 2024
On October 3, 2024, Parent on behalf of Student filed a request for a due process hearing with the Office of Administrative Hearings, called OAH, naming San Diego Unified School District, called San Diego. On November 5, 2024, OAH granted the parties’ first joint request for a mediation and continuance of the prehearing conference and due process hearing. On December 12, 2024, the parties participated in a mediation. On December 19, 2024, the parties submitted a second joint request for a mediation and continuation of the prehearing conference and due process hearing. The parties did not offer any good cause to support their request for a second mediation and further continuance of the matter.
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 parties did not establish good cause to continue the due process hearing.
The parties failed to include any information or arguments to support their request.
Additionally, the parties requested a continuance of the due process hearing to March 11, 2025, through March 13, 2025. In the event the parties intend to file a new request, please note that OAH is not convening due process hearings on March 11, 2025, through March 13, 2025, due to statewide training for administrative law judges.
The request is denied. All prehearing conference and due process hearing dates are confirmed and will proceed as calendared.
IT IS SO ORDERED.
Cararea Lucier Administrative Law Judge Office of Administrative Hearings