California OAH special education order · September 28, 2016
Order Denying Request for Reconsideration
OAH Case No. 2016070695 · ALJ Peter Paul Castillo
OAH denied Student's request to reconsider November hearing dates and move them earlier, finding Parents' financial hardship from funding a unilateral private placement did not justify displacing other families' cases.
Summary
OAH granted the parties' joint continuance but could not give them their requested late-September 2016 dates because no ALJs were available, so it set hearing for November 1–3, 2016. Student asked OAH to reconsider and move the hearing earlier because of the cost to Parents of paying for a unilateral nonpublic school placement during the roughly five-week delay. Citizens of the World Charter School opposed, and Los Angeles Unified did not respond. OAH was sympathetic but denied the request. It reasoned that moving Student's case forward could force it to continue an earlier-filed case, which would be unfair to that family.
Why it matters
Financial hardship from paying for a private placement while a case is pending usually will not persuade OAH to move hearing dates earlier when its calendar is full. Families should plan for the full hearing timeline when deciding on a unilateral placement.
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. 2016070695 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
LOS ANGELES UNIFIED SCHOOL
DISTRICT AND CITIZENS OF THE
WORLD CHARTER SCHOOL – SILVER
LAKE.
On September 8, 2016, the undersigned administrative law judge issued an order that granted the parties’ continuance, but did not grant the dates requested in late September 2016, due to unavailability of Administrative Law Judges to hear the case. The matter was set for hearing on November 1 – 3, 2016. On September 16, 2016, Student filed a request for reconsideration due to the hardship on Parents for funding a unilateral placement while this matter is pending for hearing and decision. On September 21, 2016, Citizens of the World Charter School filed an opposition to the request. On September 23, 2016, Student filed a reply brief. Los Angeles Unified School District did not submit 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, 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
While Student alleges new facts and circumstances in support of the request reconsideration, related to the hardship caused by the five week delay due to the cost of Parents’ unilateral decision to place Student in a non-public school, this is not sufficient grounds for the Office of Administrative Hearings to move forward the hearing dates. OAH is sympathetic to Parents’ plight, but OAH has to be cognizant of the other families awaiting mediations and hearings to obtain vital services or placements to their children. Granting Student’s request could mean that a case filed before Student’s case might need to be continued to accommodate Student’s request, which would be unfair to that family.
Accordingly, Student’s request for reconsideration is denied.
ORDER
Student’s Request for Reconsideration is Denied.
IT IS SO ORDERED.
DATE: September 28, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings