California OAH special education order · October 7, 2016
Order Denying Request for Reconsideration
OAH Case No. 2016080347 · ALJ Margaret Broussard
OAH denied Student's request to have a specific ALJ reassigned and to undo the order vacating the prehearing conference, because Student offered no new facts or law and parties cannot choose their ALJ.
This case went to decision
Student v. Parlier Unified School District: Parlier Unified must train staff on writing measurable behavior and social skills goals; behavior plan and report claims denied. (2016)
This case went to decision
Student v. Parlier Unified School District: Parlier Unified wrongly found an 11-year-old's misconduct unrelated to his ADHD and held one manifestation review late; ALJ reverses May 2016 manifestation determinations and denies the remaining claims. (2016)
Summary
After Student's peremptory challenge to ALJ Dena Coggins was granted by a separate order, Student also asked that ALJ Theresa Ravandi be reassigned to the case and that the October 5, 2016 order vacating the prehearing conference be rescinded. OAH treated these requests as a motion for reconsideration. OAH denied it because Student presented no new facts, circumstances, or law, only a preference. OAH explained that it assigns judges based on operational needs, that a party cannot pick the replacement ALJ after using a peremptory challenge, and that a new prehearing conference was set with ALJ Freie that same day.
Why it matters
A peremptory challenge lets a party remove one assigned judge, but it does not let the party choose who hears the case next. Reconsideration requires new facts, circumstances, or law, not just a preference.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
People named in the order
- Dena Coggins, Administrative Law Judge (peremptorily challenged)
- Theresa Ravandi, Administrative Law Judge (previously assigned)
- Carlson, Administrative Law Judge (heard expedited portion)
- Freie, Administrative Law Judge (assigned to new prehearing conference)
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. 2016080347 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
PARLIER UNIFIED SCHOOL DISTRICT.
On October 7, 2016, Student sent in a request asking to exercise a peremptory challenge regarding ALJ Dena Coggins, asking that ALJ Theresa Ravandi be reassigned to hear this matter, and that the order vacating the prehearing conference dated October 5, 2016 be rescinded. The peremptory challenge has been granted by separate order and the remaining requests are being construed as a 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
Student alleges no new facts, circumstances, or law in support of the request reconsideration. Instead, Student expresses his preference that ALJ Ravandi to hear this matter and his desire not to have the previous prehearing conference order vacated.
This matter was originally assigned to ALJ Carlson. She heard the expedited portion of this matter and issued a decision. She is not available to hear non-expedited portion of this matter. When ALJ Carlson became unavailable, the matter was reassigned, for operational reasons to ALJ Ravandi, and the parties were notified. ALJ Ravandi subsequently became unavailable to hear this matter. ALJ Coggins was then assigned.
Student’s peremptory challenge regarding ALJ Coggins was granted in a separate order.
However, Student may not choose the ALJ assigned to the hearing after using his peremptory challenge. OAH assigns the administrative law judges to hearings based upon operational needs. The request to reassign ALJ Ravandi is denied.
The request to reconsider the order vacating the prehearing conference is also denied.
The parties are scheduled to participate in a new prehearing conference with ALJ Freie on October 7, 2016 at 3:00 p.m.
IT IS SO ORDERED.
DATE: October 7, 2016 /s
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings