California OAH special education order · December 31, 2018
Order Denying Request for Reconsideration
OAH Case No. 2018120463 · ALJ Rita Defilippis
OAH denied Student's request to reconsider the earlier denial of stay put under Student's 2014 IEP because Student offered no new facts, circumstances, or law.
Summary
On December 21, 2018, OAH denied Student's motion for stay put based on Student's 2014 IEP. Student asked OAH to reconsider that ruling, and Upland Unified School District opposed. OAH denied reconsideration because Student did not identify any new or different facts, circumstances, or law that would justify changing the earlier order.
Why it matters
A request for reconsideration must present new or different facts, circumstances, or law, and may need to explain why they were not raised before. Repeating the original stay put arguments will not succeed.
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. 2018120463 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
UPLAND UNIFIED SCHOOL DISTRICT.
On December 21, 2018, the undersigned administrative law judge issued an order denying Student’s motion for stay put of Student’s 2014 IEP. On December 26, 2018, Student filed a request for reconsideration. On December 28, 2018, Upland Unified School District filed an opposition to Student’s 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
Reconsideration Student alleges no new facts, circumstances, or law justifying the request reconsideration. Accordingly, Student’s request for reconsideration is Denied.
ORDER
Motion for Reconsideration is Denied.
IT IS SO ORDERED.
DATE: December 31, 2018
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings