California OAH special education order · February 7, 2020
Order Denying Request for Reconsideration
OAH Case No. 2020010388 · ALJ Marlo Nisperos
OAH denied IQ Academies' request to reconsider its denial of a motion to dismiss based on a settlement agreement because the school offered no new facts, circumstances, or law.
Summary
IQ Academies asked OAH to reconsider a January 29, 2020 order. That order had denied its motion to dismiss Student's case on the ground that the parties had entered into a settlement agreement. OAH denied reconsideration because IQ Academies only repeated the arguments from its original motion and offered no new or different facts, circumstances, or law. All hearing dates were confirmed.
Why it matters
A request for reconsideration that simply repeats earlier arguments will fail; the moving party must show new facts, circumstances, or law. For families, this means a district cannot get a second try at dismissal just by refiling the same settlement argument.
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.
IQ ACADEMIES OF CALIFORNIA - LOS ANGELES.
OAH CASE NUMBER 2020010388
ORDER DENYING REQUEST FOR RECONSIDERATION
FEBRUARY 7, 2020
On January 29, 2020, the undersigned Administrative Law Judge issued an order denying IQ Academies of California – Los Angeles’ Motion to Dismiss based upon parties entering into a settlement agreement. On February 5, 2020, IQ Academies filed a Request for Reconsideration of Order Denying Motion to Dismiss.
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
IQ Academies offers no new facts, circumstances or law to support reconsideration, it merely reiterates the arguments submitted in the original motion.
Accordingly, the motion will not be reconsidered.
ORDER
IQ Academies has not established the January 29, 2020, Order should be reconsidered. The motion for reconsideration is denied. All dates set in this matter are confirmed.
IT IS SO ORDERED.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings