California OAH special education order · August 7, 2020
Order Granting Request for Reconsideration and Request for Second Mediation
OAH Case No. 2020050048 · ALJ Claire Yazigi
OAH reconsidered and granted a second mediation because the case is procedurally complex, the parties had gained more settlement authority, and a second session could resolve all claims.
This case went to decision
Student v. Santa Paula Unified School District: Santa Paula Unified's manifestation determination reversed because the team considered only the student's learning disability label and skipped the implementation question. (2020)
Summary
OAH had denied the parties' joint request for a second mediation after they mediated on July 27, 2020. Student asked OAH to reconsider, supported by a declaration from attorney David W. German, and Santa Paula Unified School District did not respond. OAH found new facts and circumstances that justified reconsideration. The case involves claims already decided in an expedited hearing, non-expedited claims still headed to hearing, and related federal disability discrimination claims outside OAH's jurisdiction. Since the first mediation, the parties had obtained more settlement authority, and a second session could resolve everything. OAH granted the request and set a second mediation for August 21, 2020.
Why it matters
OAH usually offers only one free mediation per case, but it may grant a second one when a party shows new circumstances, such as added settlement authority or a realistic chance of resolving all claims, including claims outside OAH's jurisdiction.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
People named in the order
- David W. German, Student's attorney (declarant)
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.
SANTA PAULA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020050048
ORDER GRANTING REQUEST FOR RECONSIDERATION
AND REQUEST FOR SECOND MEDIATION
AUGUST 7, 2020
The Office of Administrative Hearings typically offers one mediation per case at no expense to the parties. The parties in this case did avail themselves of mediation on July 27, 2020. On July 27, 2020, the parties filed a joint request for another mediation session. This request was denied by the undersigned Administrative Law Judge on July 31, 2020. On August 3, 2020, Student filed a request for reconsideration, supported by the declaration of attorney David W. German. OAH did not receive a response from Santa Paula Unified School District.
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
Student’s motion for reconsideration, and the accompanying attorney affidavit, set forth facts and circumstances that warrant reconsideration of the denial of the parties’ joint request for mediation.
As described in the present motion, the case is procedurally complex and “involves claims which have previously been decided in a related expedited hearing, additional claims which are moving towards hearing as part of the non-expedited portion of the case, and related complaints arising under federal disability discrimination statutes which are not within the jurisdiction of this court.” Since the last mediation, the parties have had an opportunity to seek additional settlement authority. Student represents that a second mediation would likely enable a comprehensive resolution of all claims, obviating the need for a hearing in the unexpedited portion of this case.
Efficient resolution of disputes serves the public interest. The matter having been reconsidered, the parties’ joint motion for second mediation is granted.
ORDER
A second mediation in this case shall be scheduled for August 21, 2020.
IT IS SO ORDERED.
Claire Yazigi Administrative Law Judge Office of Administrative Hearings