California OAH special education order · January 6, 2020
Order Granting Request for Reconsideration
OAH Case No. 2019100461 · ALJ Joy Redmon
OAH granted Petaluma's reconsideration motion and set a January 10, 2020 mediation because Student had cancelled the January 9 mediation, so it was no longer a request for a second mediation.
Summary
OAH had denied a joint request by Petaluma and Student to mediate with Petaluma alone on January 10, 2020. A mediation with all respondents was already set for January 9, so the request counted as a second mediation. Petaluma asked for reconsideration because Student had since cancelled the January 9 mediation, which made this a request for a single mediation. OAH found these were new facts, granted reconsideration, and set the mediation for January 10 at Petaluma's district offices.
Why it matters
A changed circumstance that comes up soon after a ruling, such as a cancelled mediation, can support reconsideration. The ALJ also warned that a scheduled mediation is not good cause to continue a due process hearing.
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.
COTATI-RHONERT PARK UNIFIED SCHOOL DISTRICT, SANTA
ROSA CITY SCHOOLS, AND PETALUMA CITY SCHOOLS.
OAH CASE NUMBER 2019100461
ORDER GRANTING REQUEST FOR RECONSIDERATION
On January 3, 2020, the undersigned Administrative Law Judge issued an order denying Petaluma and Student’s joint request to schedule a mediation on January 10,
2020. A mediation was then currently set with Student and all respondents for January
9, 2020, and the motion sought only to mediate with Petaluma on the 10, 2020, which constituted a request for a second mediation. On January 6, 2020, Petaluma filed a motion for reconsideration. The basis for reconsideration was that following the initial order, Student cancelled mediation for January 9, 2020, which made this a request for a single mediation.
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, 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
Petaluma offers new facts, circumstances or law. to support reconsideration.
Specifically, that the January 9, 2020, mediation is now canceled. Petaluma’s motion also stated that its counsel was unavailable on January 9, 2020, due to a conflicting expedited due process hearings. Counsel is on notice, however, that should the hearing not conclude, this mediation would not constitute good cause to continue a due process hearing. The motion for reconsideration is GRANTED.
ORDER
On reconsideration, the request to set mediation for January 10, 2020, is GRANTED. Mediation will be held at Petaluma’s district offices located at 200 Douglas Street, Petaluma, CA 94952. All dates set in this matter are confirmed.
IT IS SO ORDERED.
DATED: January 6, 2020 Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings