California OAH special education order · February 5, 2025

Order Granting Request for Continuance and Setting Hearing Dates

OAH Case No. 2024110291 · ALJ Daniel Senter

OAH granted Student's second continuance request over Fremont Union's opposition because of Parent's health concerns and need to find counsel, but set the hearing for March 25 to 27, 2025, earlier than requested.

Granted in part Scheduling and continuances

This case went to decision

Fremont Union High School District v. Student: Fremont Union High School District may reassess a 10th grader without parent consent; its request for an advisory FAPE ruling is denied. (2025)

Summary

Student asked to continue the due process hearing in Fremont Union's case because of Parent's health concerns and Parent's wish for more time to hire a lawyer. Fremont Union opposed, arguing the request was untimely, lacked good cause, and would prejudice the district. The ALJ found good cause, noting that Fremont Union had itself received an earlier joint continuance. The ALJ did not give the full time requested (to April 22, 2025) because Parent did not explain why that much time was needed. The hearing was reset for March 25, 26, and 27, 2025, and Student was warned that no further continuances will be granted without extraordinary good cause.

Why it matters

A parent's documented health issues combined with a good-faith effort to find an attorney can be good cause for a continuance, even over district objection and after an earlier oral request was denied. OAH may still shorten the requested delay and warn that later requests need extraordinary good cause, so families should hire counsel promptly.

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 parent health obtaining counsel district-filed case

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:

FREMONT UNION HIGH SCHOOL DISTRICT,

v.

PARENTS ON BEHALF OF STUDENT.

OAH CASE NUMBER 2024110291

ORDER GRANTING REQUEST FOR CONTINUANCE AND

SETTING HEARING DATES

FEBRUARY 5, 2025

On February 3, 2025, Student filed a request to continue the due process hearing with the Office of Administrative Hearings, OAH, due to Parent’s health concerns and desire for more time to obtain legal counsel. On February 4, 2025, Fremont Union High School District opposed the request on the grounds that it is untimely, fails to establish good cause, and would prejudice Fremont Union.

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 for continuance is granted. Student established good cause based on Parent’s health concerns and desire for more time to obtain counsel. Student’s prior oral motion to continue this matter, made on January 31, 2025 at the prehearing conference, was denied without prejudice by the ALJ. Student’s instant motion is essentially a renewal of the prior request for more time to obtain legal counsel, with additional information about Parent’s health concerns and specific requested dates for continuance. Fremont Union contends that time is of the essence to resolve the dispute over Student’s assessment and that it would be prejudiced by a second continuance.

However, Fremont Union already sought and received a continuance of this matter, pursuant to the parties’ joint request, which caused an extension of the 45-day timeline to resolve this matter. Fremont Union also cites an earlier case filed against Student, but Fremont Union dismissed that matter. Here, given Parent’s identified health issues combined with Parent’s request to obtain counsel prior to hearing, a second, reasonable continuance is warranted. Student is on notice, however, that no further continuances to obtain legal counsel will be granted nor any additional continuance absent extraordinary good cause.

The request is granted, but not for the length of time requested. Parent did not establish why he would need until April 22, 2025 to obtain counsel. Additionally, Parent has already had additional time to obtain counsel during the first continuance.

Accordingly, the new dates are:

DUE PROCESS HEARING will be held on March 25, 26, and 27, 2025.

Note, no additional prehearing conference is scheduled. The prehearing conference in this matter was held on January 31, 2025. The parties are ordered to meet and confer on the items set forth in the February 3, 2025 Order Following Prehearing Conference by 5:00 PM on March 19, 2025.

The 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. The hearing will continue day to day, as needed, Mondays and Fridays included, at the discretion of the Administrative Law Judge.

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.

Daniel Senter Administrative Law Judge Office of Administrative Hearings