California OAH special education order · April 5, 2017
Order Denying Motion for Reconsideration
OAH Case No. 2017010041 · ALJ Laurie Gorsline
OAH denied Student's motion to reconsider the denial of her motion to dismiss and summary judgment motion because she offered no new or different facts, circumstances, or law.
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
District filed for due process to assess Student without Parent's consent and without the conditions Parent had placed on the assessment. OAH had earlier denied Student's motion to dismiss and motion for summary judgment because they sought a ruling on the merits. Student asked OAH to reconsider, arguing the motion was wrongly decided and that the Office for Civil Rights should handle the dispute. District filed no opposition. OAH denied reconsideration because Student showed no new or different facts, circumstances, or law.
Why it matters
Reconsideration is not a second chance to argue that a ruling was wrong. A party must point to new facts, circumstances, or law, and may need to explain why they were not raised earlier. Arguing that another agency, such as OCR, should handle the case will not get a case out of OAH.
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 MOTION FOR
RECONSIDERATION.
PARENT ON BEHALF OF STUDENT.
On December 28, 2016, District filed a Request for Due Process Hearing with the Office of Administrative Hearings naming Student. District seeks to have Student assessed without Parent’s consent and without the limitations or conditions placed on the assessment by Parent.
On March 24, 2017, the undersigned administrative law judge issued an order denying Student’s motion to dismiss and motion for summary judgment on the grounds that Student sought a ruling on the merits. On March 29, 2017, Student filed a motion for reconsideration. Student argues her motion was wrongly decided and the Office of Civil Rights should be handling the dispute. No opposition was filed by District.
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 alleges no new or different facts, circumstances, or law justifying reconsideration. Accordingly, Student’s motion is denied.
IT IS SO ORDERED.
DATE: April 5, 2017
LAURIE GORSLINE
Administrative Law Judge Office of Administrative Hearings