California OAH special education order · November 30, 2021
Order Denying Request for Reconsideration
OAH Case No. 2021090721 · ALJ Alexa Hohensee
OAH denied Student's request to reconsider a 30-day hearing continuance because Student offered no new facts, circumstances, or law and only re-argued prejudice already rejected at the prehearing conference.
This case went to decision
Student v. Chula Vista Elementary School District: Chula Vista Elementary must fund 38 compensatory hours for IEP services missed in spring 2020 distance learning; other claims denied. (2022)
Summary
On November 8, 2021, OAH continued the due process hearing for about 30 days because Student's teacher, a key witness, was unavailable. Student asked OAH to reconsider, arguing the ALJ was wrong to find no prejudice from the delay. OAH denied the request because Student presented no new facts, circumstances, or law. The ALJ noted she had already found no prejudice: Student also needed the teacher's testimony, the delay was short, and Student had left Chula Vista's schools in June 2020. The ALJ added that a claim that she misapplied the law is a basis for seeking review, not for reconsideration.
Why it matters
A reconsideration motion must rest on new or different facts, circumstances, or law. Simply re-arguing points the ALJ already heard will fail, and a claim that the ALJ applied the law wrongly must be raised through review instead.
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:
PARENTS ON BEHALF OF STUDENT,
v.
CHULA VISTA ELEMENTARY SCHOOL DISTRICT.
OAH CASE NUMBER 2021090721
ORDER DENYING REQUEST FOR RECONSIDERATION
NOVEMBER 30, 2021
On November 8, 2021, the undersigned Administrative Law Judge issued an order continuing the due process hearing in this matter for approximately 30 days due to the unavailability of Student’s teacher, a key witness. On November 29, 2021, Student filed a motion for reconsideration. On November 29, 2021, Chula Vista Elementary School District filed a notice of intent to file opposition, but since OAH is denying Student’s reconsideration motion no written opposition from Chula Vista is required.
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.)
Student argues that the ALJ was incorrect in finding no prejudice to Student from the continuance. Student offers no new facts, circumstances or law to support reconsideration. The undersigned ALJ heard Student’s arguments regarding prejudice on the record at the prehearing conference on November 8, 2021 and expressly found:
There is no prejudice to Student for three reasons. First, Student also needs the teacher to prove up Student’s case. Second, the continuance is relatively short. And third, Student matriculated from Chula Vista’s elementary school district over one year ago, in June 2020, and Student will not be denied a free appropriate public education by the continuance.
Student has not established that the November 8, 2021 Order should be reconsidered. The motion for reconsideration is denied.
To the extent Student contends that the undersigned ALJ misapplied the law, that is not a basis for reconsideration, but for seeking review, if and to the extent available.
IT IS SO ORDERED.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings