California OAH special education order · November 14, 2014
Order Denying Request for Reconsideration
OAH Case No. 2014070099 · ALJ Adeniyi Ayoade
OAH denied Student's request to reconsider its refusal to consolidate this case with a sibling's case because Student offered no new or different facts, circumstances, or law.
Summary
OAH had denied Student's request to consolidate this case with a sibling's case (OAH Case No. 2014070093). Parents, acting on behalf of Student, asked OAH to reconsider, and Elk Grove Unified School District opposed. The ALJ denied reconsideration. Student had only restated disagreement and repeated facts and law the ALJ had already considered, without showing any new or different facts, circumstances, or law.
Why it matters
Reconsideration is not a second chance to reargue the same points. A party must show new or different facts, circumstances, or law, and may need to explain why they were not presented the first time.
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. 2014070099 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
ELK GROVE UNIFIED SCHOOL
DISTRICT.
On October 30, 2014, the undersigned Administrative Law Judge issued an order denying Student’s request to consolidate this case with a sibling case (OAH Case No.
2014070093). On November 7, 2014, Parents, acting on behalf of Student, 1 filed a motion for reconsideration of the ruling denying consolidation. On November 12, 2014, Elk Grove Unified School District filed its response, opposing 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
Although Student expresses his disagreement with the ALJ’s order denying consolidation, and spends considerable amount of time explaining the facts, and the law that were already considered by the ALJ in issuing the order denying consolidation, Student failed to present any new or different facts, circumstances, or law justifying reconsideration.
Accordingly, Student’s motion for reconsideration is denied.
Student is over eighteen years old.
IT IS SO ORDERED.
DATE: November 14, 2014
/ S/
ADENIYI AYOADE
Administrative Law Judge Office of Administrative Hearings