California OAH special education order · May 30, 2023
Order Denying Request for Reconsideration
OAH Case No. 2023040504 · ALJ Cararea Lucier
OAH denied Student's request to reconsider the denial of a continuance because Parent repeated the same reasons, a foot injury and caregiving duties, without offering any new facts, circumstances, or law.
Summary
Student asked OAH to reconsider its May 23, 2023 order denying a continuance of the due process hearing. Magnolia did not respond. The motion was timely and supported by a declaration, but it restated the same reasons as the original request: Parent's April 2023 foot injury, her caregiving duties for family members, and feeling unprepared to represent Student. The ALJ found these were not good cause, especially since Student had been raising the same issues against Magnolia since May 2022, and confirmed all hearing dates.
Why it matters
A reconsideration request must bring new or different facts, circumstances, or law, plus an explanation for why they were not raised earlier. Repeating the original reasons will not work, even for a self-represented parent facing real hardship.
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:
PARENT ON BEHALF OF STUDENT,
v.
MAGNOLIA SCIENCE ACADEMY-SANTA ANA.
OAH CASE NUMBER 2023040504
ORDER DENYING REQUEST FOR RECONSIDERATION
MAY 30, 2023
On May 23, 2023, the undersigned Administrative Law Judge issued an Order Following Prehearing Conference Denying Request for Continuance. On May 24, 2023, Student filed a motion for reconsideration of the order. The Office of Administrative Hearings did not receive a response from Magnolia Science Academy–Santa Ana.
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 10 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’s motion for reconsideration was timely filed and supported by a declaration under penalty of perjury. However, Student offers no new facts, circumstances, or law to support reconsideration of the denial of Student’s request for a continuance. In both her request for continuance and motion for reconsideration, Student states that on April 12, 2023, Parent injured her foot, causing her great discomfort and requiring medical treatment. Additionally, Parent continues to explain she is a caregiver for several family members and feels overwhelmed and unprepared to represent Student in a due process hearing. These circumstances do not constitute good cause for a continuance, especially as Student has been asserting the same issues against Magnolia since her complaint of May 20, 2022, and Student has failed to bring any new facts, circumstances, or law to support reconsideration.
ORDER
Student has not established the May 23, 2023 Order should be reconsidered. The motion for reconsideration is denied. All dates set in this matter are confirmed.
Cararea Lucier Administrative Law Judge Office of Administrative Hearings