California OAH special education order · June 5, 2018
Order Denying Request for Reconsideration and/or Clarification of Final Decision
OAH Case No. 2018020255 · ALJ Theresa Ravandi
OAH denied Santa Rosa's request to reconsider or clarify the Monarch Center placement remedy in its Final Decision because OAH loses jurisdiction once a due process decision is issued.
This case went to decision
Student v. Santa Rosa City Schools: Santa Rosa City Schools must place student with autism and emotional disturbance at Monarch residential center and reimburse $5,500. (2018)
Summary
After OAH issued a Final Decision ordering Student's placement at Monarch Center for Autism, Santa Rosa City Schools asked OAH to reconsider or clarify the remedy, including the cost and length of the placement that counts as compensatory education. Student opposed, arguing the award was clear. OAH denied the request because no special education law allows reconsideration of a decision issued after a due process hearing, and OAH loses jurisdiction once the decision is issued. A party unhappy with the decision must appeal to court within 90 days.
Why it matters
Once OAH issues a final due process decision, neither side can go back to OAH to reconsider or clarify the remedy; challenges must go to court within 90 days. Districts cannot use a clarification request to narrow or delay a placement award.
Key authority cited
- 20 U.S.C. § 1415(i)
- 34 C.F.R. § 300.514
- 34 C.F.R. § 300.516
- Ed. Code, § 56505, subd. (k)
- Wyner v. Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026
- Gov. Code, § 11521
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2018020255 v. ORDER DENYING REQUEST FOR
RECONSIDERATION AND/OR
SANTA ROSA CITY SCHOOLS. CLARIFICATION OF FINAL
DECISION
On May 25, 2018, the undersigned administrative law judge issued a Final Decision in this matter. On June 1, 2018, Santa Rosa City Schools filed a request for reconsideration and/or clarification of the remedy awarded. Santa Rosa is unclear as to the nature of the award of placement of Student at Monarch Center for Autism and requests that the Decision be clarified to state the cost and duration of the ordered placement that is attributable to compensatory education.
On June 4, 2018, Student filed an opposition asserting that the award is clear.
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.) As discussed below, decisions are treated differently than rulings on motions.
Under the Individuals with Disabilities Education Act, decisions issued after an administrative due process hearing are final decisions. A party aggrieved by such an administrative decision may appeal that decision to a court of competent jurisdiction within 90 days of the issuance of the decision. (20 U.S.C. § 1415(i); 34 C.F.R. §§ 300.514 and 300.516 (2006); Ed. Code, § 56505 subd. (k).) No federal or state special education statutes or regulations provide for reconsideration of a decision issued following a due process hearing. Once a decision is issued, OAH loses jurisdiction over the matter. (Wyner v, Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026, 1030.)
DISCUSSION
Regardless of whether Santa Clara seeks reconsideration of the Final Decision or clarification of the nature of the award of an individualized education program residential placement, Santa Rosa failed to establish that OAH has jurisdiction to address such requests after the issuance of the final decision. Accordingly, Santa Rosa’s motion is denied.
ORDER
Santa Rosa’s request for reconsideration and/or clarification is Denied.
IT IS SO ORDERED.
DATE: June 5, 2018
THERESA RAVANDI
Administrative Law Judge Office of Administrative Hearings