California OAH special education order · April 21, 2017
Order Denying Student's Request for Reconsideration
OAH Case No. 2017010041 · ALJ Peter Paul Castillo
OAH denied Student's fifth attempt to dismiss District's assessment case for lack of jurisdiction, treating it as a reconsideration request that offered no new 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 a hearing request seeking to assess Student over parental objection. OAH had already issued four orders, in March and April 2017, rejecting Student's argument that OAH lacked jurisdiction. Student then filed a new motion to dismiss on the same ground, and District opposed it. OAH treated the motion as a request for reconsideration and denied it because Student only repackaged earlier arguments based on civil rights and disability statutes and Parent's claimed consent to the assessment, so the case stayed set for hearing on April 25, 2017.
Why it matters
Refiling a rejected argument under a new motion title will not get a different result; OAH will treat it as reconsideration and will require genuinely new facts, circumstances, or law, plus an explanation for why they were not raised earlier.
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 STUDENT’S
REQUEST FOR RECONSIDERATION
PARENT ON BEHALF OF STUDENT.
On March 7, 2017, March 13, 2017, March 24, 2017, and April 4, 2017, the Office of Administrative Hearings issued orders in this matter that denied Student’s request that OAH dismiss Anaheim City School District’s hearing request to assess Student over parental objection as to OAH’s jurisdiction to hearing District’s complaint. On April 20, 2017, Student filed a motion to dismiss District’s complaint due to lack of jurisdiction, which OAH is treating as a request for reconsideration. On April 21, 2017, District filed an opposition to the request.
APPLICABLE LAW
OAH 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
Reconsideration Student alleges no new facts, circumstances, or law in support of the request reconsideration, as Student simply raises again in new packaging the same or similar arguments previously made that OAH does not have jurisdiction to hear District’s complaint due to various civil rights and disability protection statutes, and Parent’s purported consent to District’s proposed assessment. For the reasons stated in the four prior orders, Student’s request for reconsideration is denied.
ORDER
Student’s Motion for Reconsideration is denied. Matter shall proceed to hearing as scheduled on April 25, 2017.
DATE: April 21, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings