California OAH special education order · April 22, 2024
Order Denying Request for Reconsideration
OAH Case No. 2023120742 · ALJ Jennifer Kelly
OAH denied Student's request to reconsider an order denying consolidation because Student offered no new facts, circumstances, or law, and found the related request to continue the consolidated hearing moot.
This case went to decision
Student v. Capistrano Unified School District (consolidated): Capistrano Unified may implement IEP placing first-grader in special day class without parent consent; student's LRE and aide claims denied. (2024)
Summary
Student asked OAH to reconsider its April 17, 2024 order denying Student's motion to consolidate, and also asked to continue the consolidated hearing based on a declaration that Student's attorney had a medical problem. Capistrano Unified School District did not respond. OAH denied reconsideration because Student presented no new or different facts, circumstances, or law. Because consolidation was denied, the continuance request for a consolidated hearing was moot, and the ALJ said she would address the attorney's medical issue and any continuance requests at the start of the April 23, 2024 hearing.
Why it matters
A reconsideration motion that only repeats earlier arguments will fail; it must show new facts, circumstances, or law and explain why they were not raised before. A continuance request tied to a denied consolidation may be treated as moot, so a separate, specific request may be needed.
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:
CAPISTRANO UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2023120742
ORDER DENYING REQUEST FOR RECONSIDERATION
APRIL 22, 2024
On April 17, 2024, the undersigned Administrative Law Judge issued an order denying Student’s motion to consolidate. On April 22, 2024, Student filed a motion to reconsider the order denying request for consolidation. The Office of Administrative Hearings did not receive a response from Capistrano Unified School District.
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, 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.)
Student offers no new facts, circumstances, or law to support reconsideration.
Student has not established the April 17, 2024, Order should be reconsidered.
Therefore, the motion for reconsideration is denied.
Student’s motion included a request to continue the consolidated due process hearing. The request was based upon a declaration that Student’s attorney has a medical problem. OAH denied Student’s request to consolidate and therefore the request to continue the consolidated matter is moot. The ALJ will address Student’s attorney’s medical problem and any requests for continuances at the start of the April 23, 2024, due process hearing. All dates set in this matter are confirmed unless otherwise ordered.
IT IS SO ORDERED.
Jennifer Kelly Administrative Law Judge Office of Administrative Hearings