California OAH special education order · August 27, 2025
Order Denying Request for Reconsideration
OAH Case No. 2025070041 · ALJ Chris Butchko
OAH denied Student's request to reconsider the denial of stay put at Kidz Kingdom Academy because Student only repeated earlier arguments and offered no new facts, circumstances, or law.
Summary
On August 19, 2025, OAH denied Student's motion to have Kidz Kingdom Academy designated as Student's stay put placement. Student moved for reconsideration the next day, and Alhambra Unified School District opposed. The ALJ found the motion timely, but Student offered no new facts, circumstances, or law. Student only repeated the argument that the current placement at Garfield Elementary is unsafe and presents a medical risk, and re-argument is not a basis for reconsideration. The motion was denied and all dates were confirmed.
Why it matters
A reconsideration motion must bring something new, such as new facts, changed circumstances, or different law, and explain why it was not raised before. Simply restating safety or medical concerns already rejected will not change the result.
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.
ALHAMBRA UNIFIED SCHOOL DISTRICT
OAH CASE NUMBER 2025070041
ORDER DENYING REQUEST FOR RECONSIDERATION
AUGUST 27, 2025
On August 19, 2025, the undersigned Administrative Law Judge issued an order denying Student’s motion to have Kidz Kingdom Academy designated as Student’s stay put placement. On August 20, 2025, Student filed a motion for reconsideration of the order denying stay put. On August 21, 2025, Alhambra Unified School District filed an opposition.
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.)
The motion for reconsideration was filed one day after the order denying the motion was issued, making the motion timely filed. However, Student offers no new facts, circumstances, or law to support reconsideration. Instead, Student repeats the arguments made in the original motion, contending that Student’s current placement at Garfield Elementary is unsafe and presents a medical risk. Re-argument on the same terms is not a basis for reconsideration.
ORDER
Student has not established the August 19, 2025 Order should be reconsidered.
The motion for reconsideration is denied. All dates set in this matter are confirmed.
IT IS SO ORDERED.
Chris Butchko Administrative Law Judge Office of Administrative Hearings