California OAH special education order · June 28, 2017
Order Denying Request for Reconsideration
OAH Case No. 2017020034 · ALJ Judith Pasewark
OAH denied Student's request to reconsider a ruling that found Issue Nine insufficient, because Student offered no new facts or law and District's sufficiency notice was timely.
Summary
Student asked OAH to reconsider an order finding Issue Nine of Student's second amended complaint insufficient. Student argued the amended complaint counted as filed on June 2, 2017, which would have made District's challenge late. District opposed. OAH denied the request because Student offered no new facts or law, and the earlier prehearing order had reset all timelines as of June 5, 2017, so District's June 15 Notice of Sufficiency was timely. OAH also noted the request was not supported by a sworn declaration from Student's advocate.
Why it matters
A reconsideration request must show new facts, circumstances, or law and should come with a sworn declaration. When OAH grants leave to amend, check the order closely, because it decides when the new timelines start.
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
- Mr. Attwood, Student's advocate
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. 2017020034 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
LOS ANGELES UNIFIED SCHOOL
DISTRICT.
On June 22, 2017, the undersigned administrative law judge issued an Order of Sufficiency of Student’s Second Amended Due Process Complaint that determined Student’s Issue Nine insufficient. On June 26, 2017, Student filed a request for reconsideration on behalf of Student. On June 26, 2017, District filed an opposition to the request.
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 contends OAH ordered her second amended complaint filed as of June 2,
2017. Student alleges no new facts or law in support of his request. A review of the ALJ’s
Order Following Prehearing Conferences grants Student’s request to file her second amended complaint and reset all timelines as of the date of the Prehearing Conference Order which was June 5, 2017. As such, District’s Notice of Sufficiency filed on June 15, 2017, remains timely filed. Further, the request is not accompanied by a sworn declaration by Student’s advocate, Mr. Attwood Accordingly, Student’s request for reconsideration is denied.
.
IT IS SO ORDERED.
DATE: June 28, 2017
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings