California OAH special education order · April 20, 2026
Order Denying Request for Continuance of Due Process Hearing
OAH Case No. 2025120006 · ALJ Claire Yazigi
OAH denied Student's request for a one-week hearing continuance because the feared labor strike never happened, extra hearing days could be added as needed, and Parent gave no specific showing of disability-related need.
This case went to decision
Student v. Los Angeles Unified School District: Los Angeles Unified did not have to hold manifestation determination reviews; absences and a psychiatric hold were not disciplinary removals. (2026)
Summary
Student asked OAH to push the due process hearing back one week, and also asked to continue a prehearing conference that had already been held. Student gave three reasons: a possible district labor strike affecting witnesses, uncertainty about whether the ALJ would allow more hearing days, and Parent's and Student's mental health needs. Los Angeles did not respond. OAH struck the prehearing conference request and denied the continuance for lack of good cause. The strike did not happen and Student still had a week to arrange witnesses. Earlier orders already explained how extra hearing days could be added day to day. OAH's ADA coordinator found the general mental health claim did not qualify for a one-week delay as an accommodation.
Why it matters
Even an unopposed continuance request can be denied when it rests on speculative events or general claims of hardship. Families who need disability accommodations should give specific supporting information early, because OAH reviews such requests through its ADA coordinator.
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:
PARENTS ON BEHALF OF STUDENT,
v.
LOS ANGELES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025120006
ORDER DENYING REQUEST FOR CONTINUANCE OF DUE
PROCESS HEARING
APRIL 20, 2026
On April 14, 2026, Student filed a request to continue the due process hearing with the Office of Administrative Hearings, OAH. Los Angeles did not filed a response.
Student requested that due process hearing, or DPH, be continued by one week and set for April 28, 29, and 30, 2026. Student’s motion also included a request that the unexpedited prehearing conference, or PHC, be continued as well. This portion of Student’s motion is stricken, as the unexpedited PHC has already been held and completed on April 10, 2026.
Student based the continuance request on 1. the uncertainty of district witness availability caused by a potential labor strike involving Los Angeles employee witnesses;
2. The uncertainty of whether the ALJ would grant seven days for the unexpedited
portion of hearing; and 3. needing more time to prepare for hearing based on the disabilities of Parent and Student.
A due process hearing must be conducted, and a decision rendered, within 45 days of receipt of the due process notice unless an extension is granted. (34 C.F.R.
§ 300.515(a); Ed. Code, §§ 56502, subd. (f), 56505, subd. (f)(3).) Speedy resolution of the due process hearing is mandated by law and continuance of the hearing may be granted only upon a showing of good cause. (Ed. Code, § 56505, subd. (f)(3).) In ruling upon a motion for continuance, OAH is guided by the provisions found within the Administrative Procedure Act and the California Rules of Court that concern motions to continue. (Cal. Code Regs., tit. 1, § 1020; Cal. Rules of Court, rule 3.1332.) Generally, continuances of matters are disfavored. (Cal. Rules of Court, rule 3.1332(c).)
Good cause does not exist to grant continuance. At the time Student filed the present motion to continue, Student concedes he was aware that the labor strike did not occur. Los Angeles anticipated that a labor strike would begin on Tuesday, April 14, 2026, but no strike occurred on that day. Student had a week thereafter to make witness arrangements and issue any necessary subpoenas before the first day of hearing on April 21, 2026.
Good cause does not exist to continue the hearing based on Student’s premature request to add hearing days. The hearing is scheduled for three days and those dates were known to both parties. Moreover, the procedure for adding additional days, if necessary, was included in both the Order Following Expedited Prehearing Conference dated February 27, 2026, and the Order Following Prehearing Conference dated April 14,
2026. Both specify that any hearing days additional to the three hearing days set on
calendar will be granted day to day at the discretion of the ALJ.
Good cause does not exist to continue hearing by one week based on Parent’s general assertion that the mental health of Parent and Student require it. The parties have been on notice of the dates for unexpedited hearing since March 17, 2026, when the undersigned granted continuance to those dates. The undersigned also referred the continuance request to OAH’s Americans with Disabilities Act requests coordinator, based on Parent’s third reason for continuance. Ther request did not qualify for a one week continuance as an ADA accommodation.
The continuance request is denied. All due process hearing dates are confirmed and will proceed as calendared.
IT IS SO ORDERED.
Claire Yazigi Administrative Law Judge Office of Administrative Hearings