California OAH special education order · May 2, 2014
Order Denying Request for Reconsideration
OAH Case No. 2013071304, 2013040881 · ALJ Robert Helfand
OAH denied Student's request to reconsider an order that only partly extended the deadline for closing briefs, because Student offered no new facts, circumstances, or law.
This case went to decision
Student v. Newport-Mesa Unified School District (consolidated): Newport-Mesa Unified's triennial assessment and special day class IEP offer upheld; district may implement IEP without parental consent. (2014)
Summary
After OAH partly granted Student's request for more time to file written closing briefs, Student asked the ALJ to reconsider and give the full extension. Student also asked, in the alternative, that closing briefs be eliminated. The District opposed. OAH denied reconsideration because Student did not present any new or different facts, circumstances, or law.
Why it matters
A request for reconsideration at OAH must be based on new or different facts, circumstances, or law. Simply repeating the same arguments, such as a request for more time to file closing briefs, will be denied.
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013071304
v.
NEWPORT-MESA UNIFIED SCHOOL
DISTRICT,
NEWPORT-MESA UNIFIED SCHOOL OAH CASE NO. 2013040881
DISTRICT,
v.
ORDER DENYING REQUEST FOR
PARENT ON BEHALF OF STUDENT. RECONSIDERATION
On April 28, 2014, the undersigned administrative law judge issued an order partially granting Student’s request for an extension of time to file written closing briefs and denying request for access to the audio recordings of the due process hearing. On May 1, 2014, Student filed a motion for reconsideration of the order partially granting an extension to file closing briefs. Student also requests that if an extension is not granted, that the undersigned issue an order eliminating closing briefs. On May 2, 2014, the District filed an opposition 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 alleges no new facts, circumstances, or law in support of the requested reconsideration. Accordingly, Student’s request for reconsideration is Denied.
IT IS SO ORDERED.
DATE: May 02, 2014
/S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings