California OAH special education order · July 19, 2022
Order Granting Request for Videoconference Mediation on Reconsideration
OAH Case No. 2022050026 · ALJ Alexa Hohensee
OAH granted reconsideration and set a July 22, 2022 video mediation after Sequoia Union showed it had filed an explanation for canceling the first mediation that was missing from OAH's file.
Summary
Earlier the same day, OAH denied the parties' joint request for a second mediation date because the first mediation was canceled without explanation and not timely rescheduled. Sequoia Union filed a letter showing it had filed an explanation of the cancellation with OAH on June 10, 2022, and OAH treated the letter as a motion for reconsideration. OAH found the letter timely. Although it had no sworn declaration, it was enough for OAH to confirm the earlier filing, which counted as new information. The District never explained the long delay in rescheduling. OAH still granted the joint request because the parties were not seeking another continuance of the hearing, and it set video or telephone mediation for July 22, 2022.
Why it matters
Parties should keep proof of everything they file with OAH, because a filing missing from the case file can be shown on reconsideration to undo an adverse scheduling ruling. A party asking for reconsideration should act quickly, generally within ten days, and explain any delays.
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.
SEQUOIA UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2022050026
ORDER GRANTING REQUEST FOR VIDEOCONFERENCE
MEDIATION ON RECONSIDERATION
JULY 19, 2022
On July 19, 2022, the undersigned Administrative Law Judge issued an order denying the parties’ joint request for a second mediation date because the first mediation had been canceled without explanation and not timely rescheduled. On July 19, 2022, Sequoia Union High School District filed a letter explaining that they had filed a letter with the Office of Administrative Hearings, called OAH, on June 10, 2022, giving the reason for cancelation of the June 13, 2022, mediation. OAH will the July 19, 2022, letter as a motion for reconsideration.
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.)
Sequoia Union’s letter was timely filed. Although it does not contain a sworn declaration, the information in the letter was sufficient for OAH to confirm that Sequoia Union had filed an explanation of the earlier cancellation with OAH, although that letter was not in the file. This new information supports reconsideration.
On reconsideration, Sequoia Union does not explain the extended delay in rescheduling a mediation, but as the parties are not seeking another continuance of the due process hearing, the joint request is granted.
MEDIATION DATE is July 22, 2022, 9:00 AM to 4:30 PM.
MEDIATION will occur via telephone or video.
ANY CHANGES TO THE PARTICIPANTS’ EMAIL ADDRESSES PROVIDED BY THE
PARTIES IN THEIR REQUEST MUST BE FILED TWO BUSINESS DAYS BEFORE THE
SCHEDULED EVENT.
IT IS SO ORDERED.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings