California OAH special education order · November 7, 2017
Order Denying Student's Request for Reconsideration Regarding Representation
OAH Case No. 2017090353 · ALJ Peter Paul Castillo
OAH denied reconsideration of its ruling that Student's putative father cannot represent Student, because the motion offered no new facts or law and the cited cases protect only birth or adoptive parents.
Summary
Student is over 18. Student's mother holds power of attorney for Student. OAH had ruled that Student's putative father, who is not a biological or adoptive parent, could not file the case, file motions, or represent Student or Mother. Student, through Mother and the putative father, asked OAH to reconsider, arguing the earlier order violated constitutional rights; the District did not respond. OAH denied the request because it raised no new facts, circumstances, or law, and the authorities cited apply only to a child's birth or adoptive parents, so Mother alone represents Student under the power of attorney.
Why it matters
When a student is an adult, only the person with legal authority, such as a power of attorney holder, can bring or run the case; other family figures cannot. Reconsideration requires genuinely new facts or law, not reargument.
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:
STUDENT, OAH Case No. 2017090353 v. ORDER DENYING STUDENT’S
REQUEST FOR RECONSIDERATION
ANAHEIM UNION HIGH SCHOOL REGARDING REPRESENTATION
DISTRICT.
On September 12, 2017, Student’s Putative Father signed and filed a Request for Due Process Hearing on behalf of Student, asserting that he is authorized to file the complaint on behalf of Student. Student is over the age of 18. Documents in prior cases filed with the Office of Administrative Hearings involving Student have indicated that Student’s Putative Father is not Student’s biological or adoptive parent. Documentation has been submitted that Student’s biological mother has power of attorney over Student. On October 27, 2017, the undersigned administrative law judge issued an order that held that Student’s Putative Father was not authorized by law to represent Mother or Student and could not file motions or other briefs on behalf of Mother or Student, or represent Mother or Student in a due process hearing.
On October 31, 2017, Student, signed by both Student’s Mother and Putative Father, filed a motion for reconsideration that contended that OAH’s order violated Student’s and his Putative Father’s constitutional rights. Anaheim Union High School District did not file a response.
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
Student’s alleges no new facts, circumstances, or law in support of the request reconsideration that would warrant OAH setting aside its prior ruling. The cases and statutory citations cited by Student in the motion for reconsideration involve a child and the child’s birth or adoptive parents. In this matter, Student’s Putative Father is neither and therefore not subject to the protections afforded Student’s Mother. Accordingly, Student did not establish grounds for OAH to reconsider its October 27, 2017 order that Mother is to represent Student in this matter through the power attorney that names her only.
ORDER
Student’s Motion for Reconsideration is denied.
DATE: November 07, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings