California OAH special education order · January 10, 2022

Order Denying Request for Reconsideration

OAH Case No. 2021080012, 2021080052 · ALJ Tara Doss

OAH denied Irvine's motion to reconsider Issue 2(i) of its final decision, because OAH decisions are final and the proper route for an aggrieved party is an appeal to state or federal court.

Denied Reconsideration

This case went to decision

Student v. Irvine Unified School District (consolidated): Irvine Unified must reimburse about $51,143 in Prentice School costs for failing to file for due process; other claims denied. (2021)

Summary

After OAH issued its decision in the consolidated cases on December 30, 2021, Irvine asked OAH to reconsider Issue 2(i). Irvine argued that a Ninth Circuit decision issued the same day showed it should have prevailed on that issue, and Student opposed. OAH denied the motion. It explained that its decisions are final under the IDEA and California law, so it does not reconsider its own findings or conclusions, and a party who disagrees must appeal to a state or federal court within 90 days.

Why it matters

Once OAH issues a final due process decision, a party cannot ask OAH to revisit it, even based on new case law. The only remedy is an appeal to state or federal court within 90 days, so parties should calendar that deadline rather than seek reconsideration.

Key authority cited

  • 20 U.S.C. § 1415(i)(1)(A)
  • 34 C.F.R. § 300.514(a)
  • Ed. Code, § 56505, subd. (h)
  • Ed. Code, § 56505, subd. (k)
  • Gov. Code, § 11521
  • Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192

Topics

reconsideration final decision appeal 90-day deadline ninth circuit

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 CONSOLIDATED MATTER INVOLVING

PARENTS ON BEHALF OF STUDENT,

and

IRVINE UNIFIED SCHOOL DISTRICT,

OAH CASE NUMBER 2021080012

OAH CASE NUMBER 2021080052

ORDER DENYING REQUEST FOR RECONSIDERATION

JANUARY 10, 2022

On December 30, 2021, the Office of Administrative Hearings, called OAH, issued a decision in the consolidated cases involving Student and Irvine Unified School District, in OAH case numbers 2021080012 and 2021080052. On January 10, 2022, Irvine filed a Motion for Reconsideration of Issue 2(i) in the decision, arguing that a December 30, 2021 Ninth Circuit Court of Appeals’ decision supports a finding that Irvine prevailed on Issue 2(i). Also, on January 10, 2022, Student filed an opposition to Irvine’s motion.

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.)

OAH decisions are final. (20 U.S.C. § 1415(i)(1)(A); 34 C.F.R. § 300.514(a); Ed. Code, § 56505, subd. (h).) A party aggrieved by OAH’s findings and decision has the right to appeal the decision in a California court of competent jurisdiction or in a district court of the United States within 90 days from the date of the OAH decision in controversy. (20 U.S.C. § 1415(i)(1)(A), (i)(2)(A)-(B); 34 C.F.R. § 300.516(a)-(b); Ed. Code, § 56505, subd. (k).)

OAH does not reconsider the findings or conclusions in its decisions because they are final. Pursuant to the Individuals with Disabilities Education Act and California law, the appropriate recourse for a party aggrieved by the findings in an OAH decision is to appeal the decision to a state or federal court of competent jurisdiction. Therefore, Irvine’s Motion for Reconsideration is denied.

IT IS SO ORDERED.

Tara Doss Administrative Law Judge Office of Administrative Hearings