California OAH special education order · April 9, 2019
Order Denying Request for Reconsideration
OAH Case No. 2019030365 · ALJ Judith Pasewark
OAH denied Parent's request to reconsider dismissal of an adult Student's complaint because the motion offered no new facts, circumstances, or law, and was also filed late.
Summary
OAH had dismissed the complaint without prejudice because Student was over 18 and was not the named party. Mother filed it without an assignment of educational rights or proof of conservatorship. Parent asked OAH to reconsider, stating that Student did not wish to assign her educational rights, and also asked to amend the complaint. San Leandro opposed the motion as untimely. OAH denied reconsideration because the motion offered no new facts, circumstances, or law, and found the amendment request beyond the scope of reconsideration. OAH noted the motion came more than ten days after the order, but treated timeliness as moot.
Why it matters
Once a student turns 18, educational rights transfer to the student, so a parent cannot file for an adult student without an assignment of rights or a conservatorship. If those are missing, the fix is a new complaint filed by the proper party, not a reconsideration motion. Reconsideration requests should also be filed within ten days.
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. 2019030365 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
SAN LEANDRO UNIFIED SCHOOL
DISTRICT.
On March 4, 2019, the undersigned administrative law judge issued an order that dismissed Student’s complaint without prejudice, as Student was over age 18, and was not the named party in the complaint. Mother filed the complaint on behalf of Student but did not provide an assignment of educational rights or document conservatorship of Student. On April 8, 2019, Mother on behalf of Student filed a motion for reconsideration on behalf of Student. On April 8, 2019, San Leandro Unified School District 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
Parent on behalf of Student alleges no new facts, circumstances, or law in support of the request reconsideration. Specifically, Mother states Student does not wish to assign her educational rights. Additionally, the reconsideration motion contains a request to amend the complaint which is beyond the scope of the reconsideration. Student may simply file a new complaint naming proper parties, alleging related factual claims, and providing appropriate legal support for her contentions.
Further, San Leandro objected to the filing of the motion for reconsideration as untimely. The motion for reconsideration was filed on April 8, 2019, over one month after OAH issued the Order re Dismissal on March 4, 2019. It is not timely as it was not received within ten days after issuance of the order. Although counsel provided explanation for the delay in filing, the issue of timeliness is moot, as the motion for reconsideration contains no allegations of new facts, law or circumstances, as described above.
Accordingly, Parent on behalf of Student’s request for reconsideration is denied.
ORDER
Motion for Reconsideration is denied.
IT IS SO ORDERED.
DATE: April 9, 2019
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings