California OAH special education order · February 22, 2023
Order Granting Request for Reconsideration, Granting Continuance and Setting a Second Mediation, Prehearing Conference and Hearing
OAH Case No. 2022110748 · ALJ Christine Arden
OAH granted the parties' joint reconsideration request and set a second mediation and a later hearing. The parties had explained that Student cancelled the first mediation so an IEP meeting on residential treatment centers could happen first.
Summary
One day after OAH denied the parties' request for a second mediation and a continuance, Student and the District jointly asked OAH to reconsider. The motion gave a new fact: Student had cancelled the February 6, 2023 mediation because an IEP team meeting about appropriate residential treatment centers needed to happen first for mediation to be productive. OAH found this was a new circumstance and good cause, so it granted reconsideration. It vacated all dates and set mediation for April 5, a prehearing conference for May 5, and a Zoom hearing for May 16–18, 2023.
Why it matters
When a scheduling request is denied, a prompt reconsideration motion that gives the specific reason for an earlier cancellation, such as needing an IEP meeting first, can reverse the result. Parties should state their reasons fully in the original request.
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.
NEWPORT-MESA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022110748
ORDER GRANTING REQUEST FOR RECONSIDERATION,
GRANTING CONTINUANCE AND SETTING A SECOND
MEDIATION, PREHEARING CONFERENCE AND HEARING
February 22, 2023 On February 21, 2023, the undersigned Administrative Law Judge issued an order denying the parties’ request to set a second mediation and for a continuance of hearing.
On February 22, 2023, the parties filed a joint 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.)
DISCUSSION
In their timely filed motion, the parties offered new facts and circumstances to support reconsideration. The parties disclosed in their motion for reconsideration that the reason Student cancelled the mediation previously scheduled for February 6, 2023, was because, in order to have a productive mediation, it was first necessary to hold an individualized educational program, called IEP, team meeting to discuss residential treatment centers appropriate for Student. The motion for reconsideration is granted.
The cancellation of the first scheduled mediation to allow time for the IEP team to hold a meeting to discuss appropriate residential treatment centers for Student before the parties participated in a mediation, constitutes good cause to set a second mediation and continue the hearing.
ORDER
On reconsideration, the parties’ joint request to set a second mediation and continue the hearing is granted.
All dates are vacated, and this case shall proceed as follows:
Mediation shall take place on April 5, 2023, from 9:00 AM to 12:30 PM. The mediation shall take place via videoconference using the Zoom software application.
Prehearing Conference shall take place on May 5, 2023, at 1:00 PM.
Due Process Hearing shall take place on May 16, 2023, through May 18, 2023.
The hearing shall be conducted via videoconference using the Zoom software application. The hearing shall start at 9:30 AM each day, and generally end about 3:30 PM. The hearing shall continue from day to day until completed, at the discretion of the administrative law judge. The parties shall promptly give witnesses notice of the hearing dates and issue subpoenas if necessary.
IT IS SO ORDERED.
Christine Arden Administrative Law Judge Office of Administrative Hearings