California OAH special education order · March 18, 2025

Order Granting Request for Continuance and Setting Due Process Hearing

OAH Case No. 2025010823 · ALJ Tiffany Gilmartin

OAH granted Student's opposed, day-before-hearing continuance request, finding good cause for a short delay so Student could show steps toward obtaining education rights for Stepmother; hearing reset to May 6-8, 2025.

Granted Scheduling and continuances

This case went to decision

Student v. Downey Unified School District: Downey Unified had no basis of knowledge of a disability, so it owed a general education second grader no manifestation review. (2025)

Summary

The day before hearing, Student asked to continue it. Father said he needed to consult with the tribal council, was seeking education rights for Stepmother, who is Student's primary caregiver, and was awaiting a private assessment. Downey opposed. The ALJ noted that the tribal heritage and the pending assessment were known before filing, and that Student had shown no steps in Family Court toward education rights for Stepmother. Even so, she found good cause for a short continuance so Student could show such steps, and reset the hearing to May 6, 7, and 8, 2025.

Why it matters

Late continuance requests based on facts known when the case was filed get little weight. A new issue such as education rights for a caregiver may justify only a short delay, and the family is expected to show concrete steps, such as a Family Court filing, to pursue it.

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
  • Ed. Code, § 56505, subd. (e)(7)

People named in the order

  • Jayro Roman, Program Administrator, Office of Student, Downey Unified School District
  • Deborah Ettinger, Attorney for Downey Unified School District

Topics

continuance good cause education rights self-represented parent caregiver tribal heritage

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.

DOWNEY UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2025010823

ORDER GRANTING REQUEST FOR CONTINUANCE AND

SETTING DUE PROCESS HEARING

MARCH 18, 2025

On March 18, 2025, Administrative Law Judge Tiffany Gilmartin, Office of Administrative Hearings, convened the first day of a scheduled Due Process Hearing.

Father appeared on behalf of Student. Stepmother also appeared on Student’s behalf.

Attorney Deborah Ettinger appeared on behalf of Downey Unified School District. Jayro Roman, Program Administrator for the Office of Student appeared on Downey Unified.

The hearing was recorded.

On March 17, 2025, Student filed a request to continue the due process hearing with the Office of Administrative Hearings, OAH. As the filing was received the day before the hearing, both parties were ordered to appear. Downey opposed the continuance and both parties were argued the motion on the record.

Student contends the hearing should be continued because his father needs to consult with tribal council to ensure Student’s education is culturally aligned with the values of his tribe. Father is also pursuing education rights for Student’s stepmother and primary caregiver, and the family is waiting for the results of a privately obtained assessment.

Student’s tribal heritage and outstanding privately obtained assessment were facts known to Father prior to filing this request for due process on January 23, 2025.

Student raised for the first time his interest in obtaining education rights for his stepmother and primary caregiver. Student provided no evidence he has taken any affirmative steps to pursue education rights for stepmother in the Family Court. Good case is found to allow a short continuance for Student to demonstrate he has taken affirmative steps to obtain a determination of education rights for stepmother.

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 is granted. All previously scheduled dates are vacated.

DUE PROCESS HEARING will be held on May 6, 7, and 8, 2025.

EXHIBITS

The parties shall serve their exhibits on each other in compliance with Education Code section 56505, subdivision (e)(7). The parties shall upload their exhibits electronically according to the Order Setting Procedures for Filing Exhibits Electronically.

Timely uploading electronic hearing exhibits five business days before the first day of hearing constitutes that party’s timely exchange of evidence in compliance with Education Code section 56505, subdivision (e)(7). If further assistance is needed, please contact OAH at OAHSEOps@dgs.ca.gov.

Except for good cause shown, or unless used solely for rebuttal or impeachment, any exhibit not timely exchanged as required by Education Code section 56505, subdivision (e)(7) shall not be admitted into evidence at the hearing unless the ALJ rules that it is admissible.

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.

MEET AND CONFER

The parties must meet and confer no later than close of business on April 30,

2025. Parties are to discuss witness scheduling and identify any Downey employees

Student intends to call as a witness.

IT IS SO ORDERED.

Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings