California OAH special education order · September 19, 2018
Order Denying Request for Reconsideration
OAH Case No. 2018080164 · ALJ Rommel P. Cruz
OAH denied Ventura County SELPA's motion to reconsider an order keeping it in the case as a party, because the SELPA offered no new facts, circumstances, or law.
Summary
Ventura County SELPA and Conejo Valley Unified School District had jointly moved to dismiss the SELPA as a party, and OAH denied that motion on September 4, 2018. The SELPA asked OAH to reconsider, and Parents filed an opposition. OAH denied reconsideration because the SELPA did not present any new or different facts, circumstances, or law, so the SELPA stays a party to the case.
Why it matters
Reconsideration is not a second chance to repeat the same arguments. A party must show something new or different, so a SELPA that loses a motion to be dismissed cannot simply ask again to get out of a case.
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2018080164 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
VENTURA COUNTY SPECIAL
EDUCATION LOCAL PLAN AREA AND
CONEJO VALLEY UNIFIED SCHOOL
DISTRICT.
On September 4, 2018, the undersigned administrative law judge issued an order denying Ventura County Special Education Local Plan Area’s and Conejo Valley Unified School District’s joint motion to dismiss Ventura County SELPA as a party. On September 13, 2018, Ventura County SELPA timely filed a motion for reconsideration. On September 18, 2018, Parents on behalf of Student filed an opposition to the motion.
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
Ventura County SELPA alleges no new facts, circumstances, or law in support of the request for reconsideration. Accordingly, Ventura County SELPA’s request for reconsideration of the Order dated September 4, 2018 is denied.
ORDER
Ventura County SELPA’s motion for reconsideration is denied.
DATE: September 19, 2018
ROMMEL P. CRUZ
Administrative Law Judge Office of Administrative Hearings