California OAH special education order · March 19, 2026
Order Denying Request for Continuance
OAH Case No. 2025100303 · ALJ Linda Dowd
OAH denied the parties' joint third request to continue the due process hearing because they gave no reasons and so did not show good cause.
This case went to decision
Student v. San Francisco Unified School District: San Francisco Unified wins all claims by a deaf-blind student who sought an ASL-fluent intervener and tactile communication services. (2026)
Summary
Student and San Francisco Unified School District jointly asked for a third continuance of the due process hearing. OAH had already granted two continuances and an amendment to Student's complaint. The parties did not ask for mediation and gave no reasons for the delay. OAH found no good cause and denied the request, but said the parties may refile with a declaration showing good cause.
Why it matters
OAH can deny a continuance even when both sides agree. A request must explain the reasons and should include a declaration showing good cause, especially after earlier continuances.
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:
PARENT ON BEHALF OF STUDENT,
v.
SAN FRANCISCO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025100303
ORDER DENYING REQUEST FOR CONTINUANCE
MARCH 19, 2026
On October 8, 2025, Student filed a due process hearing request with the Office of Administrative Hearings, called OAH, naming San Franscisco Unified School District.
On October 21, 2026, the parties jointly requested a continuance and mediation. OAH granted the parties’ request on October 28, 2025.
On December 22, 2025, the parties requested a second continuance in this matter. OAH granted the parties’ second continuance request on December 22, 2025.
On February 4, 2026, Student filed a motion to amend the due process hearing request and an amended complaint. OAH granted Student’s motion to amend on February 9, 2026.
On March 16, 2026, the parties jointly filed a third continuance request in this matter. The parties did not ask for a second mediation or provide any reasons for the continuance request.
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 did not provide any reasons why they need a continuance. The parties may resubmit the continuance request with a declaration establishing good cause for a continuance.
IT IS SO ORDERED.
Linda Dowd Administrative Law Judge Office of Administrative Hearings