California OAH special education order · November 3, 2021
Order Denying Request for Reconsideration
OAH Case No. 2021100706 · ALJ Penelope S. Pahl
OAH denied Los Angeles Unified's request to reconsider an order granting Student stay put because the District offered no relevant new facts, circumstances, or law.
Summary
On November 1, 2021, OAH granted Student's motion for stay put. The next day Los Angeles asked OAH to reconsider. It argued that its opposition to Student's notice of intent to reply was not considered, that stay put should not have been granted because Los Angeles agreed the June 4, 2021 IEP was stay put, and that it had learned a new fact about implementation of IEP services. Student opposed the request. OAH denied reconsideration because Los Angeles offered no relevant new facts, circumstances, or law, and OAH confirmed all dates set in the case.
Why it matters
Reconsideration requires genuinely new and relevant facts, circumstances, or law. A district's agreement about what the stay put IEP is does not undo an order granting a stay put motion.
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.
LOS ANGELES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021100706
ORDER DENYING REQUEST FOR RECONSIDERATION
NOVEMBER 3, 2021
On November 1, 2021, the undersigned Administrative Law Judge issued an order granting Student’s motion for stay put. On November 2, 2021, Los Angeles Unified School District filed a motion for reconsideration on the grounds that its opposition to Student’s notice of intent to reply to Los Angeles’ opposition to the stay put motion was not considered; that Student’s request for stay put should not have been granted because Los Angeles agreed that the June 4, 2021 IEP constitutes stay put; and that a new fact pertaining to implementation of IEP services came to Los Angeles’ attention on November 1, 2021. On November 3, 2021, Student filed an opposition to Los Angeles’ motion for reconsideration.
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.)
Los Angeles offers no relevant new facts or circumstances, or new law, to justify reconsideration of the stay put order. Therefore, Los Angeles has not established the November 1, 2021 order granting stay put should be reconsidered. The motion for reconsideration is denied. All dates set in this matter are confirmed.
IT IS SO ORDERED.
Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings