California OAH special education order · May 19, 2014
Order Granting Request for Reconsideration and Denying Request for Specific Hearing Date
OAH Case No. 2014030842 · ALJ Judith A. Kopec
OAH reconsidered but refused to move the hearing to June 24, 2014, because the parties' joint waiver of the resolution session moved the decision timeline forward and the earlier dates must stand.
This case went to decision
Student v. Spencer Valley Elementary School District (consolidated): Spencer Valley's predetermined placement denied FAPE and cannot be implemented; for implementation failures, it must fund up to $1,500 and inclusion training. (2014)
Summary
Student's attorney filed a notice saying she was unavailable for the hearing dates OAH had set. She asked that the hearing begin June 24, 2014, and supported the request with a declaration. OAH treated the notice as a motion for reconsideration and granted reconsideration out of an excess of caution, even though Student gave no reason for not raising these facts earlier. On reconsideration, OAH denied the requested date because the parties' joint waiver of the resolution session and mediation advanced the timeline for a decision, so the May 30 prehearing conference and June 4-5 hearing dates remain.
Why it matters
Jointly waiving the resolution session speeds up the hearing timeline, so counsel should confirm their availability before agreeing to a waiver. An attorney's later unavailability will not by itself shift dates; a formal continuance request with good cause is needed.
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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2014030842
v. ORDER GRANTING REQUEST FOR
RECONSIDERATION AND DENYING
SPENCER VALLEY ELEMENTRY REQUEST FOR SPECIFIC HEARING
SCHOOL DISTRICT. DATE
On May 12, 2014, the Office of Administrative Hearings issued an order rescheduling the prehearing conference and hearing after the parties filed a waiver of the resolution session for the amended complaint. The prehearing conference is now scheduled for May 30, 2014, and the hearing is scheduled for June 4 and 5, 2014, and continuing as needed at the discretion of the Administrative Law Judge.
On May 12, 2014, Student filed a “Notice of Unavailability for Dates Unilaterally Set for Hearing,” which is being treated as a motion for reconsideration of OAH’s May 12, 2014 order. Student requests that the hearing be scheduled to begin on June 24, 2014.
Student’s attorney states that she will be unavailable until June 24, 2014, and requests that OAH schedule the hearing on that date. She filed a declaration under penalty of perjury in support of the request.
APPLICABLE LAW
OAH 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.)
Student submitted additional facts. While no explanation was given for not submitting these facts in connection with the original request for a specific hearing date, out of an excess of caution, reconsideration is granted.
As fully detailed in OAH’s May 12, 2014 order, the prehearing conference and hearing dates were moved forward because the parties jointly agreed to waive the resolution session and mediation for Student’s amended complaint. In order to comply with the governing timeline for decision, OAH denied the request for a specific date and scheduled the matter accordingly. Unless a request for continuance is granted, the prehearing conference and hearing will proceed as scheduled.
DISCUSSION AND ORDER
Student’s request for consideration of OAH’s May 12, 2014 order is granted. After reconsideration, Student’s request that the hearing be scheduled to begin on June 24, 2014, is denied. All dates remain as scheduled in OAH’s May 12, 2014 order.
DATE: May 19, 2014
/S/
JUDITH A. KOPEC
Division Presiding Administrative Law Judge Office of Administrative Hearings