California OAH special education order · January 23, 2020
Order Denying Request for Reconsideration
OAH Case No. 2019080917 · ALJ Peter Paul Castillo
OAH denied Fontana's request to reconsider its refusal to continue the hearing because the district offered no new facts, circumstances, or law, and an upcoming mediation could resolve the case.
This case went to decision
Alta Loma School District v. Student: Alta Loma School District's 2019 IEP offering a special day class provided a FAPE; the district may implement it without parent consent. (2020)
Summary
OAH had granted a second mediation for January 28, 2020, but denied the parties' joint request to continue the hearing as premature. The district's attorney had cited a conflicting hearing in another case set for February 11, 2020. Fontana asked OAH to reconsider, and Student filed no response. OAH denied the request because Fontana showed no new facts, circumstances, or law, and noted that the parties could raise the continuance again at the February 10, 2020 prehearing conference if the case did not settle and the other hearing was still going forward.
Why it matters
A reconsideration request must present new or different facts, circumstances, or law, not just repeat the original argument. OAH may also hold off on a continuance until it is clear that a scheduling conflict will actually happen.
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,
v.
FONTANA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019080917
ORDER DENYING REQUEST FOR RECONSIDERATION
On September 9, 2019, the parties jointly filed with the Office of Administrative Hearings, known as OAH, a request to continue this matter, based upon a desire to mediate. OAH granted the request on September 11, 2019. The parties mediated on November 4, 2019. On December 30, 2019, OAH granted Student’s motion to amend the complaint, which reset the decision timeline. The hearing is now scheduled to begin on February 19, 2020, with a Prehearing Conference for February 10, 2020.
On January 13, 2019, the parties jointly filed a second continuance request, based upon parties wanting a second mediation due to the new allegations in the amended complaint and hearing conflicts with the attorney for Fontana Unified School District.
On January 13, 2020, the undersigned Presiding Administrative Law Judge issued an order that granted the mediation request for January 28, 2020, and denied the continuance request as premature as the hearing in OAH Case No. 2019090362 was not set to begin until February 11, 2020. On January 16, 2020, Fontana filed a request for reconsideration. OAH did not receive a response from Student.
APPLICABLE LAW
OAH 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, generally within ten days. (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
Fontana offers no new facts, circumstances or law. to support reconsideration as a mediation in this case is scheduled for January 28, 2020, which may resolve the matter.
Further, if the case does not settle, the parties may raise the continuance request at the February 10, 2020 Prehearing Conference if OAH Case No. 2019090362 is still proceeding to hearing the next day.
ORDER
Fontana has not established the January 13, 2020 Order should be reconsidered.
The motion for reconsideration is denied. All dates set in this matter are confirmed.
IT IS SO ORDERED.
DATED: January 23, 2020 Peter Paul Castillo Presiding Administrative Law Judge Office of Administrative Hearings