California OAH special education order · March 8, 2013
Order Denying Motion for Reconsideration
OAH Case No. 2013010480 · ALJ Adeniyi Ayoade
OAH denied Student's motion to reconsider how the prehearing conference order framed the hearing issues because the argument was unclear and offered no new facts, law, or sworn declaration.
Summary
Student's attorney asked OAH to reconsider the March 4, 2013 prehearing conference order that framed the issues for the due process hearing. Neither San Juan Unified nor the Sacramento County Office of Education responded. The ALJ denied the motion because Student's argument was unclear and unsupported, came without a sworn declaration, and raised no new facts, circumstances, or law. The ALJ noted that Student could raise any remaining concerns about the issue framing with the hearing ALJ at the start of the hearing.
Why it matters
A request to reconsider how issues are framed must show new facts or law and include a sworn declaration. Even when a motion fails, parents can still raise issue-framing concerns with the hearing judge at the start of the hearing.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
People named in the order
- Martha Millar, Student's attorney
- Adeniyi Ayoade, Administrative Law Judge
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, OAH CASE NO. 2013010480
v. ORDER DENYING MOTION FOR
RECONSIDERATION
SAN JUAN UNIFIED SCHOOL DISTRICT
AND SACRAMENTO COUNTY OFFICE
OF EDUCATION.
On March 4, 2013, the undersigned Administrative Law Judge issued an order following prehearing conference (PHC order). The PHC order defined/framed the issues for determination at the due process hearing scheduled to begin on March 13, 2013. On March 5, 2013 and March 7, 2013, attorney Martha Millar, on behalf of Student (Student) filed a motion for reconsideration of the PHC order regarding the framing of the issues in the PHC order (motion). Neither San Juan Unified School District nor the Sacramento County Office of Education filed a response to the motion.
APPLICABLE LAW
The Office of Administrative Hearings will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time. (See, e.g., Gov. Code, § 11521; Code Civ. Proc., § 1008.) The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.)
DISCUSSION AND ORDER
Student’s argument regarding the framing of the issues is unclear and not supported by facts or law. Also, Student’s motion is not accompanied by a sworn declaration, and alleges no new facts, circumstances, or law in support of the request for reconsideration.
Accordingly, Student’s motion for reconsideration is denied. 1
IT IS SO ORDERED.
Dated: March 8, 2013 /s/
ADENIYI AYOADE
Administrative Law Judge Office of Administrative Hearings At the beginning of the due process hearing, Student may bring up for discussion, with the hearing ALJ, any additional issues Student may have regarding the framing of the issues.