California OAH special education order · November 21, 2013
Order Re: Request for Reconsideration
OAH Case No. 2013090584 · ALJ Elsa H. Jones
OAH found Student's request for reconsideration of a prehearing conference order granting the District's continuance moot because the parties reached a settlement pending school board approval.
Summary
At a November 4, 2013 prehearing conference, the ALJ granted the District's motion to continue the hearing. Student's attorney then sent a letter to the Presiding ALJ asking for clarification of OAH's practice in reviewing good cause. OAH treated the letter as a request for reconsideration of the prehearing conference order. Because the District then reported that the parties had settled, with dismissal to follow school board approval, OAH found the request moot.
Why it matters
A letter challenging a ruling made at a prehearing conference may be treated by OAH as a formal request for reconsideration. Any such request becomes moot once the parties settle.
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. 2013090584
v. ORDER RE: REQUEST FOR
RECONSIDERATION
SANTA MONICA-MALIBU UNIFIED
SCHOOL DISTRICT.
On November 4, 2013, Administrative Law Judge (ALJ) Elsa H. Jones, of the Office of Administrative Hearings (OAH) convened a prehearing conference (PHC) in this matter, during which the ALJ granted the motion of Santa Monica-Malibu Unified School District (District) to continue the matter. On November 8, 2013, OAH issued a formal PHC Order continuing the matter.
On November 12, 2013, Student’s attorney filed a letter addressed to the Presiding ALJ for the Van Nuys office of OAH. In the letter, Student’s attorney sought clarification of OAH’s “practice concerning discretionary authority in reviewing good cause.” Because the letter concerned events and the ruling that occurred at the PHC, OAH treated the letter as a request for reconsideration of the PHC Order, and so advised the parties.
On November 14, 2013, the District notified OAH that the parties had reached a settlement agreement, which provides for the matter to be dismissed upon school board approval. Consequently, the Motion for Reconsideration is moot.
IT IS SO ORDERED.
Dated: November 21, 2013 /s/
ELSA H. JONES
Administrative Law Judge Office of Administrative Hearings