California OAH special education order · August 15, 2018
Order Denying Request for Reconsideration
OAH Case No. 2018070708 · ALJ June Lehrman
OAH denied Student's request to reconsider the denial of a venue change because Student offered no new facts, circumstances, or law.
This case went to decision
Student v. Tehachapi Unified School District: Tehachapi Unified must provide 44 hours of speech therapy, social skills sessions and two IEEs; most other claims denied. (2018)
Summary
On August 10, 2018, OAH denied Student's motion to change the hearing venue. Student asked for reconsideration on August 13, 2018. OAH denied the request because Student did not present any new or different facts, circumstances, or law to justify reconsideration.
Why it matters
A request for reconsideration at OAH must rest on new or different facts, circumstances, or law. Simply asking again, or repeating earlier arguments, will be denied.
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. 2018070708 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
TEHACHAPI UNIFIED SCHOOL
DISTRICT.
On August 10, 2018, the undersigned administrative law judge issued an order denying Student’s motion for a change of venue. On August 13, 2018, Student filed a request 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
Student alleges no new facts, circumstances, or law in support of the request reconsideration. Accordingly, the request for reconsideration is denied.
IT IS SO ORDERED.
DATE: August 15, 2018
JUNE LEHRMAN
Administrative Law Judge Office of Administrative Hearings