California OAH special education order · April 6, 2018
Order Granting Request for Reconsideration and Mediation Date
OAH Case No. 2017110160 · ALJ Cynthia Fritz
OAH granted Student's reconsideration request and set mediation for April 9, 2018, after Student explained the District had become unavailable for the earlier agreed mediation date.
Summary
OAH had denied the parties' joint request for a new mediation date because they did not explain why the prior agreed date was cancelled. Student moved for reconsideration the next day, explaining that the District became unavailable for the original date and the parties could not find another date that fit both schedules. OAH found this new information showed good cause. It granted reconsideration and set mediation for April 9, 2018, at 9:30 a.m. in Jackson, California.
Why it matters
Scheduling requests to OAH, even joint ones, should explain why a change is needed. A prompt reconsideration motion that supplies the missing facts can reverse a denial.
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017110160 v. ORDER GRANTING REQUEST FOR
RECONSIDERATION AND
AMADOR COUNTY UNIFIED SCHOOL MEDIATION DATE
DISTRICT AND AMADOR COUNTY
OFFICE OF EDUCATION.
On April 4, 2018, the undersigned administrative law judge issued an order that denied setting a mediation date without prejudice on the ground that the parties had failed to establish good cause. On April 5, 2018 Student filed a motion for reconsideration.
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
The parties filed their joint mediation request on April 4, 2018 without explanation as to why the prior mutually agreed upon mediation date was cancelled. In the request for reconsideration, Student’s counsel reveals that District became unavailable for the prior mediation date and the parties were unable to find another date that worked for both parties’ schedules. Student then filed a motion to continue and requested a second mediation date which was denied. The administrative law judge stated that ample time existed to schedule another mediation prior to the due process hearing. Based on this new information, good cause exists in support of the reconsideration request.
Accordingly, Student’s request for reconsideration is granted. On reconsideration, the request for mediation is granted.
ORDER
1. The Motion for Reconsideration is granted.
2. The Motion Requesting Mediation for April 9, 2018 is granted. The mediation
will begin at 9:30 a.m., at 217 Rex Avenue, Jackson, California 95642.
IT IS SO ORDERED.
DATE: April 06, 2018
CYNTHIA FRITZ
Administrative Law Judge Office of Administrative Hearings