California OAH special education order · November 24, 2020
Order Denying Request for Reconsideration
OAH Case No. 2020100904 · ALJ Jennifer Kelly
OAH denied Student's motion to reconsider an order continuing the due process hearing and granting mediation because Student offered no new facts, circumstances, or law.
Summary
On November 23, 2020, OAH granted a joint request for mediation and Redlands' request to continue the due process hearing, after considering Student's opposition. Student moved for reconsideration the next day, and Redlands responded. OAH found the motion timely but denied it because Student offered no new or different facts, circumstances, or law. All dates were confirmed.
Why it matters
A reconsideration motion that only repeats arguments OAH already considered will fail. Parents must point to new facts, circumstances, or law, and explain why they were not raised before.
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.
REDLANDS UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020100904
ORDER DENYING REQUEST FOR RECONSIDERATION
NOVEMBER 24, 2020
On November 23, 2020, the undersigned Administrative Law Judge issued an Order Granting Joint Request for Mediation and Redlands Unified School District’s Request for Continuance of Due Process Hearing. On November 23, 2020, Student filed an Opposition to Redlands Unified School Districts, referred to as Redlands, Request for Continuance. OAH reviewed and considered the facts and legal authority set forth in Student’s opposition in ruling on Redlands’ motion.
On November 24, 2020, Student filed a Motion for Reconsideration. Redlands filed a Response to Student’s Motion for Reconsideration on November 24, 2020.
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, 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
The Student’s Motion for Reconsideration was filed within a reasonable time after the initial Order was issued. However, Student offers no new facts, circumstances or law to support reconsideration.
ORDER
Student has not established the November 23, 2020 Order should be reconsidered. The motion for reconsideration is denied. All dates set in this matter are confirmed.
IT IS SO ORDERED.
Jennifer Kelly Administrative Law Judge Office of Administrative Hearings