California OAH special education order · April 7, 2017
Order Denying Request for Reconsideration
OAH Case No. 2017010619 · ALJ Cole Dalton
OAH denied Student's motion to reconsider an order refusing to continue the hearing, because the parties' later joint continuance request had already been granted, making the motion moot.
This case went to decision
Student v. Riverside Unified School District: Riverside Unified prevails on all six claims, including mental health assessment, auditory processing testing, Spanish notices, and FAPE. (2017)
Summary
OAH had denied Student's motion to continue the prehearing conference and hearing for lack of good cause. Student then asked OAH to reconsider that order, and District did not oppose. Before OAH ruled, the parties filed a joint request to set mediation and continue the hearing dates, and OAH granted it. OAH therefore denied the reconsideration motion as moot.
Why it matters
If OAH denies a continuance, a joint request with the district can win the new dates faster than a reconsideration motion. Once that happens, any pending reconsideration request becomes moot.
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017010619 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
RIVERSIDE UNIFIED SCHOOL
DISTRICT,
On March 30, 2017, the undersigned administrative law judge issued an order denying Student’s motion to continue the prehearing conference and hearing on the basis that Student did not establish good cause. On April 5, 2017, Student filed a motion for reconsideration of the March 30, 2017 Order. District did not file an opposition.
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’s motion is moot because on April 4, 2017, Student filed a joint request to set a mediation date and continue hearing dates in this matter. On April 7, 2017, OAH granted the parties’ joint request for continuance, and set mediation and hearing dates. Student’s motion is denied.
IT IS SO ORDERED.
DATE: April 7, 2017
COLE DALTON
Administrative Law Judge Office of Administrative Hearings