California OAH special education order · February 24, 2014
Order Granting Motion for Reconsideration and for Change of Venue
OAH Case No. 2013110547 · ALJ Paul H. Kamoroff
OAH granted District's reconsideration and moved the hearing to El Camino Real School after District showed by declaration that its original venue became unavailable and it learned this only after the prehearing conference.
This case went to decision
Student v. Irvine Unified School District: Irvine Unified must fund 36 hours of occupational therapy and $1,400 in preschool tuition after dropping a classroom placement; most claims denied. (2014)
Summary
OAH earlier denied District's request to move the hearing from its Westwood Training Center to El Camino Real School. The first motion gave no reason for the change and had no declaration showing good cause for not raising it at the February 10, 2014 prehearing conference. District filed a second motion, which OAH treated as a motion for reconsideration. This time a declaration explained that the Westwood site was no longer available, that District learned this only on February 21, 2014, and that the El Camino Real site, a closed District-owned school, was a reasonable alternative. Student did not oppose, and OAH granted the motion.
Why it matters
OAH will reconsider a ruling when new facts are shown and explained in a supporting declaration. A bare request without reasons or good cause for raising it late, especially after the prehearing conference, is likely to 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 Matter of:
IRVINE UNIFIED SCHOOL DISTRICT, OAH CASE NO. 2013110547
v. ORDER GRANTING MOTION FOR
RECONSIDERATION AND FOR
PARENT ON BEHALF OF STUDENT. CHANGE OF VENUE
On February 10, 2014, a telephonic prehearing conference (PHC) was held before an Administrative Law Judge (ALJ) with the Office of Administrative Hearings (OAH). During the PHC, the Irvine Unified School District (District) requested that the hearing be changed to the District’s Westwood Training Center located at 1 Liberty Way, Irvine, California 92620 (Westwood Training Center), which was granted. On February 21, 2014, the District filed a motion for change of hearing venue to the El Camino Real School, located at 4782 Karen Ann Lane, Irvine, CA (El Camino Real). The District’s motion failed to describe any reason for the change of venue and was unsupported by a declaration establishing good cause as to why the motion was not made prior to or during the PHC of February 10, 2014. On February 24, 2014, the undersigned ALJ denied the District’s motion.
On February 24, 2014, the District filed a second motion to change venue, which was treated as a motion for reconsideration.
On February 24, 2014, the undersigned ALJ convened a telephonic status conference to address the District’s motion for reconsideration. Brian R. Sciacca, Attorney at Law, appeared on behalf of Parents on behalf of Student (Student). Tracy Petznick Johnson, Attorney at Law, appeared on behalf of the District.
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
The District’s motion for reconsideration was accompanied by a declaration which established good cause for why the motion to change venue was not made prior to or during the PHC of February 10, 2014; and established good cause for a change of venue. In its motion and during the status conference, the District asserted that the Westwood Training Center was no longer available for hearing, this information was not known to the District until February 21, 2014, and the El Camino Real venue, which is a shuttered school owned by the District, is a reasonable alternative to the Westwood Training Center. The Student did not oppose the change of venue.
For the foregoing reasons, the District’s motion is GRANTED. The hearing shall take place at the El Camino Real School located at 4782 Karen Ann Lane, Irvine, CA 92604- 2439.
IT IS SO ORDERED.
DATE: February 24, 2014 /s/
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings