California OAH special education order · September 2, 2014

Order Denying Spencer Valley Elementary School District's Request for Reconsideration and Request for Clarification

OAH Case No. 2014030842, 2014030046 · ALJ Darrell Lepkowsky

OAH denied Spencer Valley's motions to reconsider and clarify the due process decision. Special education decisions are final when issued, and no special education law allows OAH to reconsider them.

Denied Reconsideration

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 issued a Decision and then an Amended Decision in these consolidated cases, Spencer Valley asked OAH to reconsider the original Decision and to clarify its Order. Student opposed the motions. OAH denied both requests. Under the IDEA, a due process decision is final when issued, so the Administrative Procedure Act's reconsideration rules do not apply, and no federal or state special education law provides for reconsideration of a hearing decision.

Why it matters

Once OAH issues a special education due process decision, a party who disagrees cannot ask OAH to reconsider or clarify it. The remedy is a civil action in state or federal court, filed within 90 days of the decision.

Key authority cited

  • Gov. Code, § 11521
  • Gov. Code, § 11519, subd. (a)
  • 20 U.S.C. § 1415(i)
  • 34 C.F.R. §§ 300.514, 300.516
  • Code Civ. Proc., § 1008
  • Bonnell v. Medical Bd. of California (2003) 31 Cal.4th 1255

Topics

reconsideration clarification final decision appeal deadline administrative procedure act

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:

PARENTS ON BEHALF OF STUDENT, OAH Case No. 2014030842 v.

SPENCER VALLEY ELEMENTARY

SCHOOL DISTRICT,

SPENCER VALLEY ELEMENTARY OAH Case No. 2014030046

SCHOOL DISTRICT,

v.

ORDER DENYING SPENCER VALLEY

PARENTS ON BEHALF OF STUDENT. ELEMENTARY SCHOOL DISTRICT’S

REQUEST FOR RECONSIDERATION

AND REQUEST FOR CLARIFICATION

On August 21, 2014, the undersigned administrative law judge issued a Decision in the above-captioned matters. At that time, the ALJ was not aware that Spencer Valley Elementary School District had filed a reply to Student’s written closing brief. After becoming aware that the brief had been filed, the ALJ reviewed it, considered Spencer Valley’s arguments, and subsequently issued an Amended Decision on August 22, 2014.

At approximately the same time that the ALJ issued her Amended Decision, Spencer Valley filed a motion for reconsideration of the ALJ’s initial Decision and a motion for clarification of the Order in the Decision. Student filed an opposition to Spencer Valley’s motions on August 25, 2014. Spencer Valley filed a reply to Student’s opposition on August 26, 2014.

APPLICABLE LAW, DISCUSSION AND ORDER

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.) Decisions, however, are treated differently than rulings on motions. The Administrative Procedure Act (APA) (Gov. Code §§ 11340 et seq.) is only applicable in part to special education hearings. (Poway Unified School District v. Student (May 24, 2010) OAH Case No 2009100310.) Administrative agencies generally lack the power to order reconsideration of their decisions absent specific statutory authority to do so.

(See, Olive Proration etc. Com. v. Agri. etc. Com. (1941) 17 Cal.2d 204, 209; Heap v. City of Los Angeles (1936) 6 Cal.2d 405, 407–408; Bonnell v. Medical Bd. of California (2003) 31 Cal.4th 1255, 1260.) Section 11521 of the APA authorizes a state agency to order reconsideration of its administrative adjudication, upon its or a party’s application, as long as an order is issued within the time period for reconsideration applicable to the agency’s decisions. The OAH decisions referred to by the APA are not final when issued but become effective after 30 days (absent other orders). (Gov. Code § 11519, subd. (a).)

In contrast, under the Individuals with Disabilities Education Act, OAH decisions rendered in special education due process proceedings are final upon issuance. Any party wishing to contest the findings and decision may seek review by bringing a civil action in state or federal district court, within 90 days from the date of the ALJ’s decision. (20 U.S.C.

§ 1415(i); 34 C.F.R. §§ 300.514 and 300.516 (2006); Gov. Code § 56505, subd. (k).) APA provisions regarding reconsideration are therefore inapplicable to special education decisions. No federal or state special education statutes or regulations provide for reconsideration of a decision issued following a due process hearing.

In this case, the ALJ’s Amended Decision is a final order. Therefore, Spencer Valley’s motions for reconsideration and clarification are denied.

IT IS SO ORDERED.

DATE: September 2, 2014

/ S/

DARRELL LEPKOWSKY

Administrative Law Judge Office of Administrative Hearings