California OAH special education order · May 29, 2026
Order Granting Request for Continuance
OAH Case No. 2026030986 · ALJ Jeanie Min
OAH granted a self-represented Parent's opposed request to continue the hearing to June 16, 2026, finding good cause in a sudden medical emergency involving Parent's other child.
This case went to decision
Student v. Murrieta Valley Unified School District: Murrieta Valley Unified prevails on all seven claims involving a student with a visual impairment, including eligibility and assessment. (2026)
Summary
Student's self-represented Parent asked to continue the due process hearing set for June 2, 2026. She said a medical emergency involving her other child kept her from organizing exhibits and finishing transcripts of IEP meetings the ALJ had requested. Murrieta opposed. It argued the request lacked a sworn declaration or served documents and that Parent had shown she could prepare. OAH found good cause, accepted the motion's statements as Parent's declaration, reset the hearing to June 16-18, 2026, and cautioned Parent that documents filed with OAH must in the future be served on the other side.
Why it matters
OAH may give self-represented parents some leeway, such as treating a motion's statements as a declaration, when a real emergency arises early in a case. Parents should still serve any supporting documents on the district, or instead state the facts in a declaration, because OAH may ask for the documents to prove good cause.
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.
MURRIETA VALLEY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2026030986
ORDER GRANTING REQUEST FOR CONTINUANCE
MAY 29, 2026
On March 23, 2026, Student filed a request for due process, naming Murrieta Valley Unified School District. On May 22, 2026, the Office of Administrative Hearings, called OAH, held a prehearing conference by videoconference. On April 16, 2026, OAH granted the parties’ request for mediation and continuance. The due process hearing is scheduled to commence on June 2, 2026.
On May 27, 2026, Student filed a request to continue the due process hearing.
Student contends the hearing should be continued because Parent requires additional time to prepare for hearing. Parent is self-represented on behalf of Student. Parent’s time and ability to prepare for hearing have been impacted by a medical emergency affecting Parent’s other child that occurred on May 26, 2026. Due to these unforeseen circumstances, Parent has not organized exhibits or completed transcription of recorded IEP team meetings, as requested by the Administrative Law Judge at the prehearing conference. Parent filed supporting medical documents with OAH but did not serve these documents on Murrieta on the basis that she did not want to disclose medical records of a child who is not a party to this case. Parent did not propose dates for the continued hearing.
On May 28, 2026, Murrieta opposed the request on the basis that Student’s motion was not supported by a sworn declaration by Parent or documents. Moreover, Murrieta argues Parent has been able to adequately prepare for hearing, as demonstrated by Parent’s ability to prepare a prehearing conference statement, participate in the prehearing conference, and upload exhibits, including a transcription of an IEP team meeting. Should OAH grant Parent’s request for continuance, Murrieta requests the hearing be continued to June 16, 2026.
OAH must conduct a due process hearing and render a decision 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).)
Student established good cause to continue the due process hearing based on the sudden medical emergency consuming Parent’s time, affecting her ability to adequately prepare and represent Student at hearing. The matter has only been pending since March 23, 2026, so a short continuance would not prejudice Student or hinder his right to a speedy resolution.
Parent is self-represented and OAH will accept the statements in the motion as Parent’s declaration. Parent is cautioned that, in the future, any supporting documents that are filed with OAH must be shared with the opposing party. Should Parent rely on medical records as good cause for a continuance in the future, such documentation must be provided in the motion for continuance and served on opposing counsel.
Parent may, instead, set forth facts in a declaration that Parent contends support good cause for the motion being filed. However, OAH may request that documents referred to in any motion may be produced if necessary to establish good cause.
The request is granted. This is the second continuance granted in this recently filed matter.
All previously scheduled dates are vacated. The new dates are:
DUE PROCESS HEARING will be held on June 16, 17, and 18, 2026.
No further prehearing conference is required. 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. Prehearing conference statements and motions were 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.
Jeanie Min Administrative Law Judge Office of Administrative Hearings