California OAH special education order · June 23, 2014
Order Denying Request for Reconsideration
OAH Case No. 2014030842 · ALJ Paul H. Kamoroff
OAH denied District's request to reconsider an order changing the hearing venue because District offered no new facts, circumstances, or law, only repeating arguments made at the prehearing conference.
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
After the ALJ granted Student's request to change the hearing venue, District filed a motion for clarification, which OAH treated as a motion for reconsideration. District argued again that it could accommodate the hearing impediment of Student's representative. OAH denied the request because District had raised the same facts at the prehearing conference and offered nothing new.
Why it matters
A reconsideration request must present new or different facts, circumstances, or law. Repeating arguments the ALJ already heard will not change the ruling, even when the request is labeled a request for clarification.
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 DENYING REQUEST FOR
RECONSIDERATION
SPENCER VALLEY ELEMENTRY
SCHOOL DISTRICT.
On June 16, 2014, the undersigned Administrative Law Judge (ALJ) issued an Order Following the Prehearing Conference (PHC) of June 16, 2014; Denying Exclusion of Evidence Without Prejudice; Granting Parent on behalf of Student’s (Student) Motion for Reconsideration, and; Granting Student’s Request for Change of Hearing Venue (the Order). 1 On June 23, 2014, the Spencer Valley Elementary School District (District) filed a motion for clarification of the Order with regard to the change of the hearing venue, which will be addressed as a motion for reconsideration of the Order. Student has not yet opposed District’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
District alleges no new facts, circumstances, or law in support of the request reconsideration. District reasserts that it is capable of accommodating Student’s representative’s hearing impediment. 2 However, the District alleged these same facts during the PHC.
The Office of Administrative Hearings issued the Order on June 18, 2014.
During the PHC, the ALJ took Student’s request for change of venue under submission, and formally ruled on the request in the Order.
Accordingly, District’s request for reconsideration is denied.
IT IS SO ORDERED.
DATE: June 23, 2014
/S/
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings