California OAH special education order · October 10, 2024
Order Granting Request for Videoconference Mediation and Denying Continuance of Due Process Hearing
OAH Case No. 2024100217, 2024100146 · ALJ Laurie Gorsline
OAH set video mediation for October 30, 2024, but denied the parties' joint request to move the November hearing to mid-December because they did not show good cause.
This case went to decision
Student v. Santa Rosa Academy Charter School (consolidated): Santa Rosa Academy Charter School must provide counseling, social skills training, and $12,250 in behavior services; settlement claims rejected. (2025)
Summary
The parties jointly asked OAH to hold mediation by videoconference and to continue the due process hearing to mid-December 2024. OAH set telephone or video mediation for October 30, 2024. It denied the continuance without prejudice. The hearing set for November 19 through 21, 2024, was already about three weeks after mediation, and the parties gave no reason why a later date was needed.
Why it matters
Even a joint request to continue a hearing must show specific good cause. Simply wanting to mediate first is not enough when mediation is already set weeks before the hearing.
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 CONSOLIDATED MATTERS INVOLVING:
PARENT ON BEHALF OF STUDENT,
AND
SANTA ROSA ACADEMY CHARTER SCHOOL,
OAH CASE NUMBER 2024100217
OAH CASE NUMBER 2024100146
ORDER GRANTING REQUEST FOR VIDEOCONFERENCE
MEDIATION AND DENYING CONTINUANCE OF DUE
PROCESS HEARING
OCTOBER 10, 2024
MEDIATION DATE is October 30, 2024, 9:00 AM to 4:30 PM.
MEDIATION will occur via telephone or video.
DUE PROCESS HEARING continuance is denied without prejudice. See below.
ANY CHANGES TO THE PARTICIPANTS’ EMAIL ADDRESSES PROVIDED BY THE
PARTIES IN THEIR REQUEST MUST BE FILED TWO BUSINESS DAYS BEFORE THE
SCHEDULED EVENT.
REASON FOR DENIAL:
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.)
Generally, continuances are disfavored. (Cal. Rules of Court, rule 3.1332(c).)
The parties have failed to establish good cause for the requested continuance.
The current hearing dates of November 19, through 21, 2024, are approximately three weeks after the requested mediation date of October 30, 2024. The parties have failed to justify the requested continuance to mid-December 2024.
IT IS SO ORDERED.
Laurie Gorsline Administrative Law Judge Office of Administrative Hearings