California OAH special education order · November 25, 2014

Order Denying Student's Motion for Clarification and/or Reconsideration

OAH Case No. 2014071037 · ALJ Theresa Ravandi

OAH denied Student's post-decision motion for clarification or reconsideration because OAH loses jurisdiction once a final due process decision issues, leaving appeal to court as the only route.

Denied Reconsideration

This case went to decision

Student v. Oakland Unified School District: Oakland Unified must reimburse $44,449.91 for residential placement after failing to assess and serve a student's mental health needs. (2014)

Summary

After the ALJ issued a final decision, Student filed a motion for clarification that was in substance a request for reconsideration. Student asked the ALJ to change her ruling that the 2014-2015 placement claim was not ripe, or alternatively to change her finding that Oakland prevailed on Issue 3. Student also asked her to revise the reimbursement order so Student's counsel could hold funds in trust until the 90-day appeal period ran or appeals ended. Oakland did not respond, and OAH denied the motion because no special education law allows reconsideration of a final decision and OAH loses jurisdiction once the decision issues.

Why it matters

Once OAH issues a final decision after hearing, it cannot be reconsidered or clarified at OAH, so a party who disagrees must appeal to court within 90 days. This includes disputes about prevailing-party findings or reimbursement terms.

Key authority cited

  • Gov. Code, § 11521
  • Code Civ. Proc., § 1008
  • 20 U.S.C. § 1415(i)
  • 34 C.F.R. § 300.516
  • Ed. Code, § 56505, subd. (k)
  • Wyner v. Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026

Topics

reconsideration final decision jurisdiction appeal reimbursement ripeness

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. 2014071037 v. ORDER DENYING STUDENT’S

MOTION FOR CLARIFICATION

OAKLAND UNIFIED SCHOOL AND/OR RECONSIDERATION

DISTRICT.

On November 3, 2014, the undersigned administrative law judge issued a final decision in this matter. On November 18, 2014, Student filed a Motion for Clarification of Judgment which, in essence, is a request for reconsideration. Student requests that the ALJ reconsider her determination that Student’s claim that Oakland denied him a free appropriate public education by failing to make an appropriate placement offer for the 2014-2015 school year was not ripe for adjudication, or, in the alternative, that the ALJ change her finding that Oakland Unified School District (Oakland) prevailed on Issue 3. Further, Student requests that the ALJ revise her reimbursement order to allow Student’s counsel to retain all funds in its trust account for disbursement upon either the expiration of the 90 day appeal period or final resolution of the appeals process. Oakland did not file a response.

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, 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.) As discussed below, decisions are treated differently than rulings on motions.

Under the Individuals with Disabilities Education Act, decisions issued after an administrative due process hearing are final decisions. A party aggrieved by such an administrative decision may appeal that decision to a court of competent jurisdiction within 90 days of the issuance of the decision. ((20 U.S.C. § 1415(i); 34 C.F.R. §§ 300.514 and 300.516 (2006); Ed. Code, § 56505 subd. (k).) No federal or state special education statutes or regulations provide for reconsideration of a decision issued following a due process hearing. Once a decision is issued, OAH loses jurisdiction over the matter. (Wyner v, Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026, 1030.)

DISCUSSION

Regardless of whether Student’s motion is a request for clarification or for reconsideration, Student failed to establish that OAH has jurisdiction over this matter after the issuance of the final decision. Accordingly, Student’s motion is denied for lack of jurisdiction.

ORDER

Student’s Motion for Clarification and/or Reconsideration is denied.

DATE: November 25, 2014

/ S/

THERESA RAVANDI

Administrative Law Judge Office of Administrative Hearings