California OAH special education order · July 8, 2022
Order Denying Request for Reconsideration
OAH Case No. 2022020609 · ALJ Sabrina Kong
OAH denied Student's request to reconsider an order refusing to compel Long Beach to produce progress reports, because Student only repeated arguments already rejected and offered no new facts or law.
Summary
On June 29, 2022, OAH denied Student's motion to compel Long Beach to produce progress reports for 2020, 2021, and 2022, or to state that they do not exist. Student asked for reconsideration the next day, arguing that Long Beach had not identified or resent the reports it claimed to have produced at a June 24, 2022 meet and confer. Long Beach did not respond. OAH found the request timely but denied it because Student raised no new facts, circumstances, or law and simply restated the arguments OAH had already rejected.
Why it matters
A reconsideration request must show new or different facts, circumstances, or law. Repeating the arguments OAH already rejected will fail, even if the request is timely and the other side does not oppose it.
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.
LONG BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022020609
ORDER DENYING REQUEST FOR RECONSIDERATION
JULY 8, 2022
On June 29, 2022, the undersigned Administrative Law Judge issued an order denying Student’s motion to compel the production of production of progress reports for 2020, 2021, and 2022, or state that the reports do not exist. On June 30, 2022, Student filed a motion for reconsideration. The Office of Administrative Hearings, called OAH, did not receive a response from Long Beach Unified School District, called Long Beach.
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
The motion was filed within a reasonable time after the initial order was issued.
However, Student did not allege any new facts, circumstances, or law to support reconsideration. Student stated in the reconsideration motion that Long Beach did not identify, or resend, what it believed were the progress reports for 2020, 2021, and 2022, sent in response to Student’s educational records request during the June 24, 2022 meet and confer. Student reiterated the same arguments based on the same facts and law that OAH considered and denied in its June 29, 2022 order.
Accordingly, Student’s request for reconsideration is denied.
IT IS SO ORDERED.
Sabrina Kong Administrative Law Judge Office of Administrative Hearings