California OAH special education order · December 2, 2013

Order Denying Request for Reconsideration

OAH Case No. 2013090788, 2013110591 · ALJ Timothy L. Newlove

OAH denied Student's request to reconsider consolidating Student's and Hemet Unified's cases because Student offered no new facts, circumstances, or law, and both cases concern the same preschool placement IEP.

Denied Reconsideration

This case went to decision

Student v. Hemet Unified School District (consolidated): Hemet Unified's May 2013 preschool special day class offer upheld, but it cannot implement its January 2014 offer. (2014)

Summary

Parent, on behalf of Student, asked OAH to reconsider its November 22, 2013 order consolidating Student's case with Hemet Unified School District's case. The District opposed the request. OAH denied reconsideration because Student's motion alleged no new facts, circumstances, or law. Student's own motion pointed to the IEP placing Student in a preschool special day class, and that IEP is common to both cases and was the main reason for consolidation.

Why it matters

A reconsideration request at OAH must show new or different facts, circumstances, or law, not simply disagreement with the ruling. Arguments that highlight the shared IEP at issue can actually support keeping cases consolidated.

Key authority cited

  • Gov. Code, § 11521
  • Code Civ. Proc., § 1008
  • Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192

Topics

reconsideration consolidation preschool special day class iep placement

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. 2013090788

v.

HEMET UNIFIED SCHOOL DISTRICT,

HEMET UNIFIED SCHOOL DISTRICT, OAH CASE NO. 2013110591

v.

PARENT ON BEHALF OF STUDENT. ORDER DENYING REQUEST FOR

RECONSIDERATION

On November 22, 2013, the undersigned Administrative Law Judge issued an order consolidating Office of Administrative Hearings (OAH) case numbers 2013110591 and

2013090788. On November 26, 2013, Parent, on behalf of Student, filed with OAH a motion

to reconsider the order of consolidation. On November 27, 2013, the Hemet Unified School District, through counsel, filed with OAH an opposition to the Student’s 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

Here, Student’s motion alleges no new facts, circumstances, or law in support of the request for reconsideration. In fact, Student’s motion references the underlying Individualized Education Program which placed Student at a particular preschool Special Day Class which is common to both consolidated cases and which is the primary reason for the order of consolidation. Accordingly, Student’s motion for reconsideration is denied.

IT IS SO ORDERED.

Dated: December 02, 2013 /s/

TIMOTHY L. NEWLOVE

Presiding Administrative Law Judge Office of Administrative Hearings