California OAH special education order · March 15, 2013
Order Denying Request for Reconsideration
OAH Case No. 2013030139 · ALJ June R. Lehrman
OAH denied Student's request to reconsider a ruling that District's complaint was sufficient, because Student offered no new facts or law and the sufficiency standard is the same for districts and students.
Summary
District filed a due process complaint against Student. Student challenged it as insufficient, and OAH found it sufficient. Student then asked for reconsideration, arguing that the sufficiency standard should be applied liberally to student complaints but more strictly to district complaints. OAH denied the request because Student showed no new facts, circumstances, or law, the statute makes no such distinction, and District's complaint gave Student enough notice of the issues.
Why it matters
Reconsideration requires new or different facts, circumstances, or law, not just disagreement with the ruling. OAH also will not hold district-filed complaints to a stricter sufficiency standard than student-filed complaints.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
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:
SWEETWATER UNION HIGH SCHOOL OAH CASE NO. 2013030139
DISTRICT,
ORDER DENYING REQUEST FOR
v. RECONSIDERATION
PARENT ON BEHALF OF STUDENT.
On March 1, 2013, Sweetwater Union High School District (District) filed a Due Process Hearing Request (complaint) naming Student as the respondent. On March 8, 2013, Student filed a Notice of Insufficiency (NOI) as to the complaint. On March 11, 2013, the undersigned administrative law judge (ALJ) issued an order finding that District’s complaint was sufficient. On March 13, 2013, Student filed a motion for reconsideration.
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 alleges no new facts, circumstances, or law in support of the request reconsideration. Student argues that the ALJ misapplied the law pertaining to the sufficiency of complaints, such that the legal standard for sufficiency should be applied liberally to Student-filed complaints, but more strictly to complaints filed by Districts. No such distinction however, appears in the statutory language pertaining to the sufficiency of complaints.
The facts alleged in District’s complaint are sufficient to put Student on notice of the issues forming the basis of the complaint. Therefore the motion for reconsideration is denied.
IT IS SO ORDERED.
Dated: March 15, 2013 /s/
JUNE R. LEHRMAN
Administrative Law Judge Office of Administrative Hearings