California OAH special education order · March 13, 2017
Order Denying Request for Reconsideration
OAH Case No. 2017010041 · ALJ Adrienne L. Krikorian
OAH denied Student's request to reconsider the denial of Student's motion to dismiss District's complaint because Student offered no new facts or law, only notice that the family would stop participating.
This case went to decision
Anaheim Elementary School District v. Student: Anaheim Elementary may assess student without parental consent under its November 2016 comprehensive assessment plan. (2017)
Summary
After OAH denied Student's motion to dismiss District's complaint, Student sent a letter that OAH treated as a motion for reconsideration. The letter said Student and Parents would no longer take part in defending against District's complaint. OAH denied reconsideration because the letter offered no new facts, circumstances, or law that would justify changing the earlier ruling, and all hearing dates stayed in place.
Why it matters
Saying a family will stop participating does not end a district-filed due process case or count as grounds for reconsideration. The hearing can go forward without the family, so parents should think carefully before stepping away from a district's complaint.
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:
ANAHEIM CITY SCHOOL DISTRICT, OAH Case No. 2017010041 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
PARENT ON BEHALF OF STUDENT.
On March 8, 2017, the undersigned administrative law judge issued an order that denied Student’s motion to dismiss District’s complaint. On March 10, 2017, Student filed a letter which OAH deems a motion for reconsideration. Because the motion is denied, no response from District was necessary.
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.)
Here, Student’s letter informs OAH that Student and Parents, will no longer participate in the defense of District’s complaint. Other than that fact, Student has offered no new law or facts that would justify reconsideration of the Order denying Student’s motion to dismiss. Therefore, the motion for reconsideration is denied. All dates shall remain as calendared, unless otherwise ordered.
IT IS SO ORDERED
DATE: March 13, 2017
ADRIENNE L. KRIKORIAN
Administrative Law Judge Office of Administrative Hearings