California OAH special education order · February 14, 2025

Order Granting Request for Continuance and Setting Prehearing Conference and Due Process Hearing Dates

OAH Case No. 2025010625 · ALJ Charles Marson

OAH continued the hearing from March to April 8–10, 2025, rejecting the County Office's request for late-May dates because its counsel was free in mid-April and Student was home without education.

Granted in part Scheduling and continuances

This case went to decision

Student v. Atascadero Unified School District: ALJ reverses Atascadero Unified's manifestation determination, finding a fight was tied to the student's emotional disability. (2025)

Summary

The San Luis Obispo County Office of Education asked to move the March 4–6, 2025 hearing to May 20–22, 2025. It said its attorney was busy with five earlier-filed OAH hearings. Student opposed, and Atascadero did not respond. OAH found good cause for some delay but not for the full amount, because counsel had no conflicts in mid-April and Student was at home and not being educated. OAH set the prehearing conference for March 28, 2025 and the hearing for April 8–10, 2025.

Why it matters

Parents who oppose a district's continuance request can limit the delay by pointing to open dates in the attorney's calendar and to harm to the student, such as being out of school while the case waits.

Key authority cited

  • 34 C.F.R. § 300.515(a)
  • Ed. Code § 56502(f)
  • Ed. Code § 56505(f)(3)
  • Cal. Code Regs., tit. 1, § 1020
  • Cal. Rules of Court, rule 3.1332

Topics

continuance good cause attorney scheduling conflict student out of school county office of education

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 INVOLVING:

PARENT ON BEHALF OF STUDENT,

and

ATASCADERO UNIFIED SCHOOL DISTRICT AND SAN LUIS OBISPO

COUNTY OFFICE OF EDUCATION,

OAH CASE NUMBER 2025010625

ORDER GRANTING REQUEST FOR CONTINUANCE AND

SETTING PREHEARING CONFERENCE AND DUE PROCESS

HEARING DATES

FEBRUARY 14, 2025

On February 10, 2025, the San Luis Obispo County Office of Education filed a request to continue the due process hearing with the Office of Administrative Hearings, OAH. On February 12, 2025, Student filed an opposition to the request. OAH has not received a response to the request from Atascadero.

The due process hearing is now calendared for March 4, 5, and 6. 2025. The County Office asserts that its counsel cannot proceed with this matter until May 20 through May 22, 2025, due to his representation of clients in five named OAH due process hearings in five cases filed earlier than this one.

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 County Office has established good cause to continue the due process hearing, though not for the length of time requested. As Student points out, counsel for the County Office does not have conflicts in the middle of April that would prevent him from conducting the hearing. The requested dates in late May would postpone the matter for more than two months. Student is at home and is not being educated in the meantime.

PREHEARING CONFERENCE will be held on March 28, 2025, at 10:00 AM.

DUE PROCESS HEARING will be held on April 8, 9, and 10, 2025.

The prehearing conference and 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. Prehearing conference statements and motions are due to OAH no later than three business days before the prehearing conference. Late motions will only be considered if good cause is established for the late filing.

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.

Charles Marson Administrative Law Judge Office of Administrative Hearings