Reconsideration
587 California OAH special education orders on reconsideration, newest first, each with a plain-English summary. Search and filter these orders.
2026
- Order Granting Request for Reconsideration, Granting Request to Change Mediation Time, Denying Motion to ContinueOAH granted Student's reconsideration request and moved the mediation to the afternoon, but refused to continue the hearing because counsel was available on the first day and further continuances required extraordinary circumstances.
- Order Denying Request for Reconsideration of Order Denying Motion for Protective OrderOAH denied Student's request to reconsider an order refusing a protective order over Union's subpoenaed records, finding no new facts or law and leaving redaction decisions to the ALJ.
- Order Denying Student's Request for Reconsideration of Order Denying ConsolidationOAH denied Student's request to reconsider the denial of consolidation because Student offered no new facts or law, and Student's complaint did not actually raise the assessment issues Student claimed it did.
- Order Following Prehearing Conference for Hearing by Videoconference; Granting District's Motion for Reconsideration; Reaffirming Order Dismissing District's ComplaintOAH reaffirmed dismissal of Desert Sands Unified's complaint as moot because Parent already consented to the full May 19, 2026 IEP, and dismissed Student's Section 504, ADA, and Section 1983 claims for lack of jurisdiction.
- Order Denying Student's Request for ReconsiderationOAH denied Student's request to reconsider the denial of a peremptory challenge against ALJ Paul Kamoroff because Student offered no new facts, circumstances, or law and did not cure the untimely filing.
- Order Granting ReconsiderationOAH, on its own reconsideration, dismissed Desert Sands Unified's amended complaint as moot because Parent consented to the entire IEP, leaving nothing for OAH to decide on the District's behalf.
- Order Denying Request for ReconsiderationOAH denied Parent's motion to reconsider the dismissal of Student's case for failure to prosecute because it was filed 17 days late and offered no new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a stay put ruling. The request came over a month late, relied on information Student already had, and did not show Elevations was not comparable to Lava Academy.
- Order Denying Request for ReconsiderationOAH denied Charter's reconsideration request because Charter did not explain why it failed to show, in its original late notice of insufficiency, when it actually received Student's complaint.
- Order Granting Request for Reconsideration, Confirming Order Granting Motion to Amend, and Confirming No Action on Notice of InsufficiencyOAH granted reconsideration but confirmed its order allowing Student's second amended complaint, finding Student's proof of service adequate and the charter's notice of insufficiency moot because it targeted a superseded complaint.
- Order Granting Request for Reconsideration and Denying Request for ContinuanceOAH granted Student's unopposed reconsideration motion but again denied a 91-day continuance, finding counsel's conflict between two hearings was a predicament of her own making and not good cause.
- Order Denying Student's Request for Reconsideration of the May 22, 2026 Order Granting Motion to Dismiss Complaint for Student's Failure to Participate in a Resolution PeriodOAH denied Student's request to reopen a case dismissed for skipping the resolution session because Student offered no new facts and did not show Parent had participated or would participate in resolution.
- Order Granting Request for Reconsideration and Granting Continuance RequestOAH granted the districts' reconsideration request and moved the hearing to August 18, 2026, because new declarations showed staff training conflicts, but found no good cause for the requested August 25 start.
- Order Granting Request for Reconsideration and Determining Student's Request for Due Process SufficientOAH granted Buckeye's reconsideration motion based on sworn proof it received the complaint April 28, 2026, but again found Student's unconventional complaint sufficient under IDEA's liberal pleading standard.
- Order Granting Student's Motion to Consolidate, Continuing Case to Dates Set in Palo Alto's Case, and Denying Palo Alto's Motion for ReconsiderationOAH denied Palo Alto's request to reconsider and push the hearing to late August, finding staff summer break is not good cause, and granted Student's unopposed motion to consolidate.
- Order Granting Request for Reconsideration and Denying Student's Request for Change of Hearing DatesOAH granted Student's reconsideration request but kept the April 28–30, 2026 hearing dates, because Milpitas' counsel was unavailable earlier and Student showed no material prejudice from the continuance.
- Order Granting Request for Reconsideration and Granting Continuance RequestOAH granted reconsideration and a one-week continuance after Student's attorney explained he mistakenly omitted good cause and was unavailable on the hearing date because of a religious holiday.
- Order Denying Request for ReconsiderationOAH denied Ventura's request to reconsider an order finding Student's complaint sufficient because Ventura offered no new or different facts, circumstances, or law.
2025
- Order Denying Request for ReconsiderationOAH denied Santa Clara's request to reconsider its refusal to consolidate two Student-filed cases because the district offered no new facts, circumstances, or law, and Student may bring claims separately.
- Order Granting Request for Reconsideration and Upon Reconsideration Granting Motion to AmendOAH granted Student's reconsideration request and allowed the amendment adding Moreno Valley, because Student showed Moreno Valley was named in the complaint's body and leaving it off the caption was a clerical error.
- Order Denying Request for ReconsiderationOAH denied Student's reconsideration request and kept the case dismissed for Parents' failure to attend a resolution session, because Student offered no new facts, circumstances, or law.
- Order Denying Request for Reconsideration of the November 14, 2025, Order Granting Motion to ConsolidateOAH denied Student's request to make Hemet Unified's case the primary case and use its later hearing dates, finding no new facts and that both sides had already prepared on overlapping issues.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider its order requiring a resolution session because Student offered no new facts or law, only reargued earlier bad-faith claims, and gave no authority for being excused.
- Order Granting Student's Motion for Reconsideration and Correction of the Issues and Denying Pacifica's Motion for Reconsideration and Correction of the IssuesOAH added an extended school year sub-issue at Student's unopposed request and refused Pacifica's request to drop the one-to-one aide issue, finding the complaint gave adequate notice of both.
- Order Following Prehearing Conference Denying Motion to Reconsider and Granting New Request for Second MediationOAH denied Student's motion to reconsider an earlier denial of a second mediation, but granted a new request after the parties showed good cause at the prehearing conference.
- Order Denying Request for Reconsideration and Confirming Order Denying Motion to StrikeOAH denied Student's request to reconsider an order refusing to strike Respondents' allegedly late response, because Student offered no new facts, circumstances, or law and only reargued the original motion.
- Order Granting Request for Reconsideration and Confirming Order of DismissalOAH reconsidered but confirmed dismissal of Student's complaint against the Cupertino school board, finding the board is part of the District and the second case was improper claim-splitting.
- Order Granting Reconsideration and Confirming Prior OrderOAH reconsidered but confirmed its dismissal of Student's case against YMCA Silicon Valley, because the YMCA is not a public agency required to provide a FAPE, and warned Parent against refiling.
- Order Denying Motion for ReconsiderationOAH denied Student's motion to reconsider the denial of leave to amend, finding Student offered no new facts, circumstances, or law and only re-argued claims about a March 26, 2025 IEP meeting.
- Order Denying Request for Reconsideration of IssuesOAH denied Student's mid-hearing request to reconsider the denial of her oral motion to amend the issues because it was untimely, identified no new facts, and showed no controlling new law.
- Order Denying Request for ReconsiderationOAH 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.
- Order Denying Request for ReconsiderationOAH denied Student's request to keep his original complaint alive alongside an amended one, ruling that an amended complaint replaces the original, and warned that AI-style fake citations may draw sanctions.
- Order Granting Request for Reconsideration Vacating Dismissal of Student's Case and Deeming the Second Amended Complaint FiledOAH reinstated Student's dismissed case because the self-represented Parent filed the second amended complaint before midnight on the deadline day, and the prior order did not say filings were due by 5:00 PM.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider the denial of his motion to quash subpoenas because he offered no new facts or law, and the earlier denial was without prejudice.
- Order Granting Request for Reconsideration and Continuance and Setting Prehearing Conference and HearingOAH granted Student's reconsideration request and moved the hearing because Student's counsel had a newly set conflict with an earlier-filed case, and earlier-filed cases go first.
- Order Denying Second Request for ReconsiderationOAH denied Student's second request to undo a 28-day continuance because Student offered no new facts, circumstances, or law; the in-person hearing stays set for August 19 through 21, 2025.
- Order Denying Student's Request for Reconsideration of Order Denying Emergency Motion for Interim ReliefOAH denied Student's second reconsideration request on placement because it was filed about 34 days after the prior order, well past the 10-day guideline, and raised no new facts or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a continuance granted for District's attorney's vacation, finding no new facts or law. It also ruled the case cannot be expedited because no section 1415(k) claims were alleged.
- Order Granting in Part Student's Motion for Reconsideration and Correcting the June 23, 2025 Order Determining Due Process Complaint Partially SufficientOAH corrected a clerical error that wrongly listed Issue 4 as insufficient but refused to revisit its rulings on Issues 2, 3c, 3d, and pre-June 6, 2023 claims, finding no new facts or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to reverse Mt. Diablo's peremptory challenge, finding it timely because it targeted a newly reassigned judge after the prehearing conference and was filed before hearing began.
- Order Denying Student's Requests for ReconsiderationOAH denied Student's requests to reconsider the order consolidating Student's and Murrieta Valley's cases because Student offered no new facts, circumstances, or law and only repeated earlier arguments.
- Order Denying Request for Clarification and ReconsiderationOAH denied Parent's request to clarify or reconsider the denial of her motion to amend. The request was untimely and raised no new facts or law, and Parent holds no educational rights for the adult Student.
- Order Denying Request for ReconsiderationOAH denied Cupertino's request to reconsider its refusal to dismiss Student's issue two, because the district offered no new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the partial dismissal of claims on statute-of-limitations and jurisdiction grounds because Student never opposed the original motion and offered no new facts, circumstances, or law.
- Order Granting Reconsideration and Determining Due Process Complaint Partially SufficientOAH granted the District's reconsideration because a notice of errata is not an amended complaint, then found Student's issues sufficient but the complaint insufficient for omitting Student's current school.
- Order Denying Request for ReconsiderationOAH denied Parent's request to reconsider the same-day denial of her last-minute hearing continuance motions because Parent offered no new facts, circumstances, or law, and the hearing went forward without her.
- Order Denying Request for Reconsideration of the April 29, 2025 Order Determining Due Process Complaint Partially SufficientOAH denied Student's request to reconsider an order finding the complaint only partially sufficient, because the earlier order reviewed the whole complaint and Student offered no new facts or law.
- Order Granting Reconsideration and Denying Request for ContinuanceOAH reconsidered but again refused to move the hearing to June, finding no extraordinary good cause because Student's other attorneys were available and the expert's unavailability was not shown.
- Order Denying Student's Request for Reconsideration of Parties' Joint Request for Mediation and ContinuanceOAH denied Student's request to reconsider the denial of the parties' joint request for mediation and continuance because Student offered no new facts, circumstances, or law.
- Order Granting Request for Reconsideration and Denying ContinuanceOAH granted Student's request for reconsideration but again refused to continue the hearing, because other attorneys at Student's law firm were available to try the case.
- Order Granting Request for Reconsideration and, Upon Reconsideration, Order Affirming Student's Motion for Continuance, Setting Prehearing Conference and Due Process HearingOAH granted Saddleback Valley Unified's reconsideration request because its opposition was timely, but again found good cause to continue the hearing to June 3-5, 2025, because Student's attorney had earlier-filed hearings scheduled on the original dates.
- Order Granting Request for Reconsideration and Granting Continuance of Prehearing Conference and HearingOAH granted joint reconsideration and continued the hearing because Parents could not attend a resolution session until March 26, but held that the District's spring break alone was not good cause.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider the consolidation order as moot, because the parties had since waived the resolution session to mediate, removing Student's reason for keeping separate hearing dates.
- Order Denying Request for ReconsiderationOAH denied Student's motion to accept a late closing brief, treated as reconsideration, because Student offered no new facts, circumstances, or law that were unknown when the earlier extension request was filed.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the dismissal of Issue One because Student only reargued the merits and offered no new facts, circumstances, or law.
- Order Denying Motion for ReconsiderationOAH denied Visalia's motion to reconsider the denial of a hearing continuance because its new facts did not explain why the case could not be mediated between March 25 and April 1, 2025.
- Order Following Prehearing Conference Granting Joint Request for Reconsideration; Order Granting Student's Motion to Amend ComplaintOAH reversed its earlier denial and let Student amend the complaint, because new IEP meetings in January and February 2025 were new facts and both sides wanted all disputes resolved together.
- Order Following Prehearing Conference for Hearing by Videoconference, Denying Motion for Reconsideration of Partial Dismissal of IssuesOAH denied Student's request to reconsider the partial dismissal of her claims because Parents offered no new law, no new facts, and no showing that material facts were overlooked.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order refusing to move a mediation start time by 30 minutes, finding no new facts and that counsel's potential calendar conflict was not good cause.
2024
- Order Denying Motions to Restate IssuesOAH denied Capistrano's request to cut Student's hearing issues down to one, reading the self-represented Parent's complaint liberally, and also denied Student's attempt to add issues beyond the complaint.
- Order Granting Student's Request for Reconsideration and Granting Del Norte's Motion to ContinueOAH granted Student's reconsideration because the continuance was ordered before Student's three-day opposition period ran. It still granted Del Norte's continuance, but moved the hearing up from January 14 to January 7-9, 2025.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of her motion to disqualify San Diego's counsel because the 'newly discovered' law already existed and could have been raised originally.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of a motion to compel, finding no new facts or law; an earlier non-precedential prehearing ruling was not on point.
- Order Denying Campbell's Request for ReconsiderationOAH denied Campbell's request to reconsider its failed bid to be dismissed on statute-of-limitations grounds because Campbell offered no new facts or law and cited no authority for its pleading argument.
- Order Granting Request for Reconsideration and Reaffirming Order Granting Motion to AmendOAH granted Old Adobe's reconsideration request so it could weigh the district's late-noticed opposition, but still let Student amend to add a post-filing issue. It was a first, timely amendment with no shown prejudice.
- Order Granting Request for Reconsideration and Denying Request for ContinuanceOAH granted the parties' joint request to reconsider but again refused to move the hearing to November, because attorney workload and the burden of prehearing filings before mediation are not good cause.
- Order Denying Request for Reconsideration of Notice of Case DismissalOAH denied Student's request to reconsider dismissal of the case. Parent never filed the required amended complaint, so the case would have been dismissed no matter which judge issued the notice.
- Order Granting Request for Reconsideration and Reversing DismissalOAH granted Student's reconsideration request and reversed the dismissal of Student's case because Student filed the amended complaint on the 14th day, before the 5:00 p.m. deadline.
- Order Granting Request for Clarification of Prehearing Conference Order on Remand, Granting in Part Request for Reconsideration, Vacating Date for Submission of Closing Briefs, Continuing Matter, and Setting HearingOAH partly granted Student's reconsideration request on remand. It set a limited hearing so Student can offer rebuttal testimony on supplemental evidence, but reaffirmed its jurisdiction to let Kentfield supplement the record.
- Order Denying as Moot Sunol Glen's Request for Reconsideration or in the Alternative Request for ClarificationOAH denied as moot Sunol Glen's request to reconsider or clarify a partial sufficiency ruling because Student had already filed an amended complaint, which replaced the original complaint.
- Order Denying Request for ReconsiderationOAH denied La Mesa's motion to reconsider a two-week hearing continuance granted to Student because the district raised no new facts, circumstances, or law and only repeated its earlier arguments.
- Order Denying Request for ReconsiderationOAH denied Student's request to keep the original hearing dates after amending the complaint, because an amended complaint restarts the timelines, including the mandatory 30-day resolution period.
- Order Denying Request for ReconsiderationOAH denied Perris Union's request to turn Student's voluntary withdrawal into a dismissal with prejudice, because the District offered no new facts or law and Parent's standing was never decided at hearing.
- Order Granting Request for Reconsideration, Setting Prehearing Conference, and Continuing Due Process HearingOAH granted reconsideration of its earlier continuance order and reset the hearing to August 13 through 15, 2024. Stockton timely showed new facts and good cause, and Student did not oppose.
- Order Granting Request for ReconsiderationOAH granted San Marcos's request to reconsider a stay put order because the attached October 2022 IEP differed from the sworn declaration the stay put order relied on.
- Order Following Prehearing Conference for Hearing by Videoconference Granting Motion for Reconsideration and Granting Motion to ContinueOAH granted reconsideration and continued the hearing for mediation after counsel showed they had not understood that the joint form required a requested mediation date to establish good cause.
- Order Following Prehearing Conference, Granting Motion for Reconsideration, and Granting Request for Mediation and ContinuanceOAH granted the parties' joint motion to reconsider its denial of a mediation and continuance, finding their request was timely, but warned them against cancelling mediations at the last minute and seeking delays late.
- Order Following Prehearing Conference Granting Request for Reconsideration and ContinuanceOAH granted San Juan's reconsideration request and continued the hearing over Student's objection. Sworn declarations showed the earlier order rested on a typographical error about which attorney represented the district in a conflicting case.
- Order Granting Request for Reconsideration and Denying Request to Revive ComplaintOAH reconsidered but refused to revive Riverside's complaint seeking a ruling that its IEP offered FAPE. A district cannot sue just because Parent consented while disagreeing, and OAH cannot give purely declaratory relief.
- Order Granting Request for Reconsideration and Granting Request for ContinuanceOAH granted Student's unopposed reconsideration request because counsel had a conflicting hearing in an older case, but set the hearing for July 9–11 rather than the later dates requested.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider the denial of a joint one-week continuance to finalize settlement, finding no new facts or law and no explanation why settlement wasn't finalized in nine days.
- Order Denying Request for ReconsiderationOAH 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.
- Order Granting Request for Reconsideration and Granting Motion to AmendOAH reconsidered and granted Student's motion to amend after Student's attorney filed a declaration explaining the substantive changes in the amended complaint. The earlier denial was based on the missing explanation.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a partial insufficiency ruling, explaining that parties are not given three business days to respond to a notice of insufficiency and Student offered no new facts or law.
- Order Denying Second Request for ReconsiderationOAH denied Student's second reconsideration request on subpoenas to Student's medical providers. Student repeated earlier arguments, and the district that issued the subpoenas, not Student, must pay the providers' compliance costs.
- Order Granting Request for Reconsideration and Denying Motion to ConsolidateOAH granted Riverside's reconsideration request but again denied consolidation of Student's later complaint, finding that two Student complaints with different timelines do not serve judicial economy and that amendment is the better path.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order limiting District's subpoenas to feeding-related records, because Student only reargued the motion to quash and offered no new facts or law.
- Order Following Prehearing Conference Granting Request for Reconsideration; Order Setting Second Mediation and Continuing Due Process HearingOAH granted Hacienda La Puente's request to reconsider its earlier denial of a joint continuance. The district's attorney had a prepaid vacation during the hearing dates, and a second mediation was justified.
- Order Granting Request for Reconsideration and Order Granting Motion to Reschedule Mediation and Continue Due Process HearingOAH granted reconsideration of its denial of a joint continuance request because Student's counsel corrected the canceled mediation date and reason, but gave a shorter continuance than the parties asked for.
- Order Granting Request for Reconsideration and Confirming Order Granting Motion to AmendOAH reconsidered its order because it had ruled before Hacienda's opposition was due, then again allowed Student to amend. The motion came more than five days before hearing and raised a new post-complaint IEP amendment.
- Order Denying Request for ReconsiderationOAH denied San Diego Unified's reconsideration request because its insufficiency notice was filed more than 15 days after the amended complaint was deemed filed, and weekends and holidays count.
- Order Denying Ukiah's Motion for ReconsiderationOAH denied Ukiah's motion to reconsider the denial of its late peremptory challenge, because the district's attorney's misunderstanding of the filing deadline is not a ground for reconsideration.
- Order Following Prehearing Conference for Hearing by Videoconference and Reconsidering Ruling Regarding Uploading IEP Team Meeting RecordingsOAH reconsidered its prehearing conference ruling and allowed both sides to upload IEP team meeting audio recordings as evidence. It also set 12 issues for a four-day Zoom hearing starting January 17, 2024.
2023
- Order Granting Request for Reconsideration and Determination of Sufficiency of ComplaintOAH granted Lake Tahoe's reconsideration motion because the district showed it received the complaint a day late, making its notice of insufficiency timely, then found the complaint sufficient except for claims outside the two-year limit.
- Order Granting Request for Reconsideration and Confirming Prehearing Conference and Hearing ContinuanceOAH granted Student's reconsideration request because Student had not had three business days to oppose, but confirmed the short continuance based on district counsel's earlier-scheduled hearing conflicts.
- Order Granting Request for Reconsideration and, Upon Reconsideration, Order Granting Districts' Joint Motion for Continuance, Setting Prehearing Conference and Due Process HearingOAH reconsidered its continuance order to weigh Student's timely opposition, but again continued the hearing because both districts' attorneys were set for hearings in older cases on the same dates.
- Order Granting Request for Reconsideration, Granting Amendment of Student's Complaint, and Granting MediationOAH reconsidered and granted Student's motion to amend after Student explained a new psychoeducational report was key to the residential placement claim and Saddleback Valley supported amendment.
- Order, Nunc Pro Tunc, Filing Student's Closing BriefOAH accepted Student's closing brief nunc pro tunc after the decision issued. The brief was filed on time but under the wrong case number, and accepting it avoided prejudice to Student.
- Order Granting Request for Reconsideration and Granting Joint Request for ContinuanceOAH reversed its earlier denial and granted a joint continuance after the parties showed new facts: summer unavailability, planned mediation likely to resolve a complex case, and no prejudice to either side.
- Notice of No Action Regarding District Motion for Reconsideration or ClarificationOAH took no action on Mt. Diablo's request to reconsider or clarify its final decision because OAH loses jurisdiction once a due process decision issues; the only remedy is a court appeal.
- Order Denying Motion for ReconsiderationOAH denied ABC Unified's reconsideration request because it offered no new facts or law and gave no specific reasons why the parties could not hold a hearing within 60 days of mediation.
- Order Denying Motion for ReconsiderationOAH denied Orcutt's request to reconsider the denial of its sanctions motion because Orcutt showed no new facts or law, and OAH lost jurisdiction once Student's case was dismissed.
- Order Granting Request for Reconsideration, Denying Motion to Continue, and Adding Additional Hearing Dates to Accommodate Witness AvailabilityOAH granted the parties' joint reconsideration request but still denied the continuance, keeping the June hearing dates and adding July 24, 2023 dates for four witnesses who were unavailable in June.
- Order Denying Request for Reconsideration of Denials of Second Mediation and Second ContinuanceOAH denied the parties' joint request to reconsider its denial of a second mediation and a nearly four-month continuance because they offered no new facts, law, or specific good cause.
- Order Denying Request for ReconsiderationOAH 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.
- Order Granting Request for Reconsideration and Reaffirming RulingOAH reconsidered its denial of Student's motion to consolidate a second case but kept the denial, because Riverside did not address the timeline confusion or the option of amending Student's first complaint.
- Order Granting Student's Motion to Reconsider OAH's May 23, 2023 Ruling Denying Consolidation but Reaffirming the RulingOAH granted Student's reconsideration request but again refused to consolidate his Second Case, finding his statute of limitations worry was self-created and the timely filing protected his claim anyway.
- Order Granting Request for Reconsideration, Granting Request for Mediation and Denying the Scheduling of Mediation on Date SpecifiedOAH granted the parties' joint reconsideration request and allowed a third mediation date because new declarations explained the two prior cancellations, but refused the May 5 date and warned there would be no fourth.
- Order Granting Reconsideration, and Granting Request to Vacate Dates for Nonexpedited Prehearing Conference and Non-Expedited HearingOAH reconsidered on its own motion and vacated all non-expedited dates, finding Student's complaint raised only expedited issues and that an expedited complaint cannot be amended under the IDEA.
- Order Denying Request for Reconsideration and Granting Motion for Leave to Amend ComplaintOAH denied reconsideration of its dismissal of a claim challenging a suspended expulsion agreement because Student offered no new facts or law, but let Student amend to add an expulsion appeal.
- Order Denying Request for ReconsiderationOAH denied Walnut Creek's request to reconsider a ruling that Student's amended complaint was sufficiently pleaded, because the District offered no new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order continuing the hearing because Student only repeated arguments already made and offered no new facts, circumstances, or law.
- Order Denying Student's Motion for Reconsideration of Dismissal of Student's Issues and Order Denying Student's Motion for Continuance of Due Process Hearing (Corrected)OAH refused to reinstate Student's dismissed issues or delay the hearing. Parent's medical emergencies did not explain why Parent never contacted OAH or the school, or why Parent repeatedly failed to file prehearing statements.
- Order Denying Student's Motion for Reconsideration of Dismissal of Student's Issues and Order Denying Student's Motion for Continuance of Due Process HearingOAH refused to reinstate Student's dismissed issues because Parent's medical emergencies did not explain the failure to contact OAH or answer the order to show cause, and also denied a 30-to-60-day continuance.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order refusing to amend a closed case. Student offered no new facts or law, and OAH lost jurisdiction when the case was dismissed for failure to prosecute.
- Order Granting Request for Reconsideration and Denying Motion to Vacate Prior OrdersOAH reconsidered but again denied Student's motion to vacate prior orders, finding that rescheduling and consolidation cured or mooted any defect in electronic service on Parent.
- Order Denying Clovis Unified School District's Request for ReconsiderationOAH denied Clovis's request to reconsider a continuance order because the settlement depended on court approval of a minor's compromise, not just a board meeting, so automatic vacating of hearing dates was unavailable.
- Order Denying Request for ReconsiderationOAH denied Los Angeles's request to reconsider its own requested April 4 hearing date because the spring recess it cited was already known, and spring break alone is not good cause.
- Order Granting Request for Reconsideration and Granting Motion to Continue Due Process Hearing as to Clovis Unified School District OnlyOAH vacated its order taking Clovis's non-expedited hearing dates off calendar because the settlement also needed a court-approved minor's compromise, which would take months, and reset the hearing for July 2023.
- Order Granting Request for Reconsideration and Denying Request to Rescind ContinuanceOAH reconsidered but kept a continuance it gave a previously unrepresented Student. Disability Rights California had confirmed it would represent Student, and Lemoore did not show real prejudice from the short delay.
- Order Denying Request for ReconsiderationOAH denied Salinas Union's request to reconsider a ruling that Student's complaint was sufficiently pleaded, because the district offered no new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Sacramento City's request to reconsider its failed motion to dismiss for improper service. The district offered no new facts, had notice of the case, and suffered no material prejudice.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order denying a motion to compel and quashing subpoenas, because Student offered no new facts or law about the January and February 2023 subpoenas.
- Order Granting Request for Reconsideration and Granting Request for ContinuanceOAH reconsidered its earlier denial and continued the hearing to late April 2023. A Disability Rights California attorney's signed letter confirmed the office would represent Student if the hearing was moved.
- Order Ruling Granite Mountain Charter School's Motion for Reconsideration Is MootOAH found Granite Mountain Charter School's motion for reconsideration of the dismissal of 13 of its issues moot because the school withdrew its remaining issues and its case was dismissed.
- Order Granting Request for Reconsideration, Granting Continuance and Setting a Second Mediation, Prehearing Conference and HearingOAH 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.
2022
- Order Denying Student's Motion for Reconsideration or in the Alternative to Advance Hearing DatesOAH denied Student's request to reconsider a continuance or move the hearing up to January 2023. Student raised no new facts and did not show how being in Juvenile Hall made a March hearing prejudicial.
- Order Denying Joint Request for ReconsiderationOAH denied the parties' joint request to reconsider its refusal to continue the hearing, finding no new facts and that winter break and counsel's busy calendar are not good cause.
- Order Granting Request for ReconsiderationOAH granted the parties' joint reconsideration request and continued the hearing because Hemet's counsel was newly scheduled for another hearing on the same December dates, which the parties had not known earlier.
- Order Granting Request for Reconsideration and Granting Request to Continue Due Process HearingOAH granted Student's reconsideration request and moved the hearing to November 8–10, 2022. The one-day notice of the November 1 date left the parties no time for the required five-business-day evidence exchange.
- Order Granting Request for Reconsideration and Denying Request for ContinuanceOAH granted reconsideration only to explain its ruling, then again denied a state agency attorney's request to continue an afternoon of hearing for a federal settlement conference he scheduled after the hearing date was set.
- Order Granting Request for Reconsideration and Denying Request to ContinueOAH granted San Diego's reconsideration request but refused to add a December hearing day for an unavailable witness, saying hearing scheduling is handled by the ALJ on the first day of hearing.
- Order Denying Motion for Clarification or Relief From Final OrderOAH denied Student's motion to clarify or get relief from its final decision, because OAH decisions are final and OAH loses jurisdiction once it issues a due process decision.
- Order Granting Student's Request for Continuance and Reconsideration and Denying District's Motion for In-Person HearingOAH reworded Student's discrimination issue to match the PHC Order's IDEA-only limit, partially continued the hearing for counsel's medical need, and kept the hearing virtual because one parent is immunocompromised.
- Notice of No Action on Student's Motion for Clarification and/or Reconsideration of the Decision Dated August 4, 2022OAH took no action on Student's motion to clarify or reconsider the August 4, 2022 final decision because OAH loses jurisdiction once it issues a final decision.
- Order Granting Request for Reconsideration and Setting Second Mediation, Prehearing Conference and HearingOAH granted the parties' joint reconsideration motion and allowed a second mediation and a continuance, because their new declarations showed a second mediation was needed to address new claims in Student's amended complaint.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order granting Summit a continuance, finding Summit's motion was timely and Student offered no new facts or law.
- Order Denying Dr. Sunny Kim's Request for ReconsiderationOAH denied a private provider's request to reconsider the order refusing to quash Newman-Crows Landing's subpoena for assessment records, because the provider offered no new facts, circumstances, or law.
- Order Granting Request for ReconsiderationOAH granted Franklin-McKinley's reconsideration motion and continued the hearing. The district showed the earlier joint continuance request was resubmitted only to fix a clerical error, and the parties had mediation scheduled.
- Order Denying Student's Request for ReconsiderationOAH denied Student's request to reconsider an order refusing to quash the District's records subpoena to Student's behavior provider, because Student offered no new facts, circumstances, or law.
- Order Granting Request for Reconsideration; Order Granting ContinuanceOAH reversed its earlier denial and granted the joint continuance because Student showed new facts: settlement talks involve a new placement that is closed for the summer.
- Order Granting Request for Videoconference Mediation on ReconsiderationOAH 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.
- Order Denying Campbell Union School District's Request for ReconsiderationOAH denied Campbell's request to reconsider the denial of its motion to dismiss because Campbell offered no new facts or law and cited no authority relieving it, as district of residence, of its FAPE duty.
- Order Denying Request for Second ReconsiderationOAH denied Pajaro Valley's second motion for reconsideration of its refusal to continue the hearing, finding a repeat reconsideration request improper and no grounds established.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order refusing to compel Long Beach to produce progress reports, because Student only repeated arguments already rejected and offered no new facts or law.
- Order Granting Request for Reconsideration and Denying Request for ContinuanceOAH granted Pajaro Valley's reconsideration request but again denied a longer continuance, finding a witness's overseas vacation does not prove unavailability when hearings are held virtually.
- Order Denying Motion for Reconsideration or, in the Alternate, to Reopen the Administrative RecordOAH denied Rocklin's request to reconsider its final due process decision or reopen the record. OAH cannot reconsider final decisions, and Rocklin already had a five-day hearing to present remedy evidence.
- Order Granting Request for Reconsideration and Granting Joint Request to Reschedule Mediation and Continue Due Process HearingOAH granted the parties' joint reconsideration motion and continued the hearing to August 30, 2022. Attorney declarations showed the earlier request was meant to reschedule mediation because of prepaid vacations and conflicting hearings.
- Order Denying Request for ReconsiderationOAH denied Ocean View's request to reconsider the hearing dates because the District offered no new facts, circumstances, or law and gave no good cause for the longer continuance.
- Order Denying Request for ReconsiderationOAH denied the parties' joint request to reconsider its earlier refusal to consolidate Natomas' new case with an existing case because the parties offered no new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an earlier order denying stay put because Student identified no new facts or law. Not mentioning Student's reply brief in the original order was also not a ground for reconsideration.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider excluding 12 late-disclosed witnesses, finding no new facts or law and only conclusory claims that the witnesses were essential.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of leave to amend because Student offered no new facts, circumstances, or law and only repeated earlier arguments.
- Order Granting Request for Reconsideration and Rephrasing Issue 2 of the April 25, 2022, Order Following Prehearing Conference for Hearing by VideoconferenceOAH granted Student's unopposed request to reconsider and rephrase Issue 2, removing a reference to Education Code section 56325(a)(2) that Student's second amended complaint never cited.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider excluding two expert witnesses who ignored subpoenas, because Student offered no new facts or law and no expert declarations, and the motion was riddled with errors.
- Order Granting Reconsideration, Vacating Order Granting Continuance, and Reinstating Prehearing Conference and Due Process Hearing DatesOAH granted Student's reconsideration motion and vacated a continuance because Student's attorney never received notice of Pajaro Valley's continuance motion and had no chance to respond.
- Order Denying Student's Request for ReconsiderationOAH denied Student's request to reconsider dismissing the county child welfare agency (DCFS) as a party, finding no new facts or law showing DCFS provided special education or limited Parent's educational rights.
- Order Denying Student's Request for ReconsiderationOAH denied Student's request to reconsider the denial of a peremptory challenge, finding that the challenge to ALJ Hohensee was due by noon March 11, 2022, despite a wrong regulation citation in the earlier order.
- Order Denying Request for ReconsiderationOAH denied San Marcos's request to reconsider the March 22-24, 2022 hearing dates because the district offered no new facts, citing one erroneous case number and one case already considered.
- Order Granting Request for Reconsideration; Order Granting Mediation and Continuance of Due Process HearingOAH reconsidered its denial of a joint continuance request and reset the hearing to May 2022 after the parties showed Student's counsel would be out of the country on the original dates.
- Order Following Prehearing Conference for Hearing by Videoconference; Denying Motion for Reconsideration for Order Denying Motion to Amend; Granting Motion for Reconsideration for Order Denying Request for Continuance; Granting Request for Continuance and Setting Prehearing Conference and Due Process HearingOAH refused to reconsider its denial of Student's motion to amend because Student offered no new facts or law, but granted reconsideration of the continuance denial because counsel and Parents were unavailable.
- Order Denying Request for ReconsiderationOAH denied Irvine's motion to reconsider Issue 2(i) of its final decision, because OAH decisions are final and the proper route for an aggrieved party is an appeal to state or federal court.
2021
- Order Granting Request for Reconsideration and Denying Motion to Bifurcate and Reverse Dismissal of Issue 1AOAH reconsidered but again dismissed a charter school's claim that its signed master agreement with Parents was invalid due to coercion, holding that contract-formation disputes fall outside OAH's special education jurisdiction.
- Order Granting Request for Reconsideration, and Granting Request for Second Mediation, and Second ContinuanceOAH granted the parties' joint reconsideration request and allowed a second mediation and short continuance, because the new claims in Student's amended complaint had not yet been mediated.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a stay put order because Student filed almost two weeks later and offered no new facts, circumstances, or law, only the same arguments.
- Order Granting Request for Reconsideration and Denying Motion to Define Statute of LimitationsOAH reconsidered its earlier order but again refused to bar Student's older claims before hearing, because when Student knew of the problems and whether exceptions apply are fact questions needing evidence.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a 30-day hearing continuance because Student offered no new facts, circumstances, or law and only re-argued prejudice already rejected at the prehearing conference.
- Order Granting Request for Reconsideration and Granting Request for ContinuanceOAH reconsidered its earlier denial and granted Riverside a short continuance because the district submitted new witness declarations and travel evidence showing essential witnesses were unavailable.
- Order Granting Request for Reconsideration, Granting Request for Continuance and Denying November 9, 2021 Request for Continuance as MootOAH reconsidered its denial and granted the joint continuance because the parties had mediated and were close to settlement, and Student's lack of an attorney could slow finalizing settlement documents.
- Order Granting Request for Reconsideration and Granting in Part and Denying in Part Request to Amend Issues in Order Following Prehearing ConferenceOAH reworded most hearing issues as Student asked, but refused to restore a placement claim and a parent-participation claim Student had limited or withdrawn at the prehearing conference.
- Order Denying Request for ReconsiderationOAH denied Los Angeles Unified's request to reconsider an order granting Student stay put because the District offered no relevant new facts, circumstances, or law.
- Order Following Prehearing Conference, Granting Reconsideration and Granting ContinuanceOAH reconsidered and granted the parties' joint request for a second continuance. Counsel offered new facts at the prehearing conference: Newark's special education director was out on extended illness, and both attorneys had availability problems.
- Order Denying ReconsiderationOAH denied Student's untimely request to reconsider dismissing North Coastal Consortium, finding that its role as a funding agency does not give OAH jurisdiction without educational decision-making authority.
- Order Denying Request for ReconsiderationOAH denied San Juan's request to reconsider the denial of its motion to dismiss because the district offered no new facts or new law, and prior OAH rulings are not binding.
- Order Denying Request for ReconsiderationOAH denied Long Beach's reconsideration motion because it was filed more than ten days after service and only repeated res judicata arguments without new facts, circumstances, or law.
- Order Granting Request for Reconsideration and Granting Request for MediationOAH granted Ventura Unified's reconsideration motion and set a second mediation, because the first mediation was cancelled when district counsel was ordered to appear in another continuing hearing.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH denied Student's reconsideration motion and partly granted a continuance, vacating two hearing days when Parent had a required work conference, so Parent could take part in the hearing.
- Order Granting Motion for Reconsideration, and Granting in Part, and Denying in Part, Motion for ContinuanceOAH granted Student's reconsideration and moved the hearing one day to September 29, 2021, because Student's attorney had a federal court matter, but refused a continuance to mid-November.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of stay put. Student offered no new facts or law showing the last agreed-upon IEP included a one-to-one instructional aide.
- Order Denying Request for ReconsiderationOAH denied San Diego County Office of Education's request to reconsider the denial of its motion to dismiss because it was filed nearly 30 days late and offered no new facts or law.
- Order Denying Request for ReconsiderationOAH denied Parent's request to reconsider the with-prejudice dismissal of Student's case. Parent never raised a medical condition at hearing, offered no verification of it, and Del Mar Union was prejudiced.
- Order Denying Request for ReconsiderationOAH denied Elite's request to reconsider an order letting Student amend his complaint because Elite did not show its opposition would have changed the result or offer new facts or law.
- Notice of No ActionOAH took no action on Bellflower's request to reconsider a final due process decision, because OAH loses jurisdiction once a decision issues and the only remedy is a court appeal.
- Order Following Prehearing Conference for Hearing by Videoconference, Denying Motion for Reconsideration, and Granting Request for Mediation and ContinuanceOAH denied the parties' joint motion to reconsider the denial of a continuance because they offered no new facts or law. It then granted mediation and a continuance after a PHC showing of good cause.
- Order Denying Request for ReconsiderationOAH denied Santa Monica-Malibu's request to reconsider its denial of a statute-of-limitations motion to dismiss, because the District offered no new facts, circumstances, or law and prior OAH rulings are not binding precedent.
- Order Denying Request for Reconsideration of the June 1, 2021 OrderOAH denied Parent's request to vacate an order dismissing Student's non-IDEA tort claims and striking compensatory damages, finding no new facts or law and that OAH lacks authority over those claims.
- Order Denying Ukiah Unified School District's Request for ReconsiderationOAH denied Ukiah Unified's request to reconsider a stay put order keeping Student in a residential treatment center because the district offered no new facts, circumstances, or law.
- Order Granting Request for Reconsideration and Upon Reconsideration, Affirming Prior OrderOAH granted reconsideration but refused to let Student's amended complaint adding a new party relate back to the original filing date, because the IDEA and Education Code set the amendment's filing date.
- Order Granting Request for Reconsideration and Granting Request for ContinuanceOAH granted reconsideration and a short continuance to June 2021 because the assessor's illness delayed a needed report, but refused the parties' request to push the hearing to October.
- Order Denying Request for Reconsideration of Order Granting Student's Motion to AmendOAH denied San Marcos's request to reconsider the order letting Student amend her complaint because the district offered no new facts, circumstances, or law and only objected to the new hearing dates.
- Order Granting Request for Reconsideration and Denying Request for ContinuanceOAH reconsidered but again denied a fourth joint continuance request. A scheduling conflict between an IEP meeting and the prehearing conference was not compelling good cause, and Student's future IEP was not at issue.
- Order Granting Request for Reconsideration and Denying Request for ContinuanceOAH reconsidered but again denied San Jose's continuance request because OAH's records showed another attorney, not district counsel, was lead counsel in the earlier-filed case claimed to conflict.
- Order Granting Request for Reconsideration and Granting Request for Mediation and ContinuanceOAH granted joint reconsideration and continued the consolidated cases after counsel's joint letter, treated as declarations, showed good cause because Student's claims had not yet been mediated.
- Order Granting Request for ReconsiderationOAH granted Linden Unified's reconsideration motion and limited Student's child-find claim to events after January 11, 2019, because Student did not plead facts meeting either statute-of-limitations exception.
- Order Denying Request for Reconsideration and Granting Request for ClarificationOAH denied Newman-Crows' request to reconsider its finding that Student's amended complaint was sufficient, because the district offered no new facts or law, but clarified why the amendments fixed the defects.
- Order Denying Request for ReconsiderationOAH denied Tahoe Alpine SELPA's request to reconsider its refusal to dismiss the SELPA, because the SELPA offered no new facts or law and Student alleged both agencies denied a FAPE.
- Order Granting Request for Reconsideration of Motion to Amend, and Vacating Order Granting Motion to Amend and January 15, 2021 Scheduling OrderOAH vacated its order granting Student's motion to amend because Excel Academy showed by sworn declaration that it was never served with the motion or amended complaint, and Student did not respond.
- Order Granting Request for Reconsideration and Denying Motion to Reinstate IssueOAH granted a self-represented Student's reconsideration request but refused to reinstate a privacy claim, holding it lacks jurisdiction over FERPA and confidentiality violations, such as including an uninvolved teacher on an IEP team.
- Order Denying Student's Request for ReconsiderationOAH denied Student's request to reconsider the dismissal of eight issues as barred by collateral estoppel because Student offered no new facts, circumstances, or law, only repeating arguments already rejected.
- Order Granting Request for Reconsideration and Denying Motion to ContinueOAH reconsidered but again denied Sacramento City's request to continue the hearing to February 18, 2021, because the case had been pending over six months and further delay was inappropriate.
2020
- Order Denying Request for Reconsideration and Amending Due Process Hearing DatesOAH denied Irvine's motion to reconsider a continuance order as untimely. Irvine filed 25 days later, relied on facts it already knew, and gave no reason for the delay. OAH also reset the hearing dates.
- Order Granting Request for Reconsideration and Setting Prehearing ConferenceOAH granted Student's request to reconsider the prehearing conference order because Student's counsel tried but failed to join the virtual conference, and set a new prehearing conference.
- Notice of No ActionOAH took no action on Parents' request to reconsider its final decision, because OAH loses jurisdiction once a decision issues and the only option is a court appeal within 90 days.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider an order continuing the due process hearing and granting mediation because Student offered no new facts, circumstances, or law.
- Order Denying Student's Request for ReconsiderationOAH denied Student's request to reconsider dismissing the Department of Children and Family Services, finding no new facts or law showing DCFS must provide special education or a free appropriate public education.
- Order Granting Request for Reconsideration, and Order Granting Motion AmendOAH granted Student's reconsideration request and allowed the amended complaint after Student showed Temecula Valley's attorney had not actually served its notice of representation until after Student filed the amendment.
- Order for Written Closing Arguments and Order Denying Student's Motion for RehearingOAH denied Parent's motion for rehearing and request for administrative review because no legal basis was shown and OAH has no internal review process. Rulings made at hearing must be appealed to court.
- Order Granting Request for Reconsideration; Order Granting Student's Continuance RequestOAH reconsidered its continuance order because Del Mar may not have received Student's motion, but kept the continuance in place because it was Student's first request and Student wants to hire an attorney.
- Order Granting Request for Continuance and Denying Student's Request for ReconsiderationOAH granted a brief continuance so Parent could recover from a documented illness, but denied reconsideration of the earlier ADA-accommodation continuance denial because Student offered no new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a stay put order because Student offered no new facts, circumstances, or law, but clarified that stay put is the IEP as written and implemented.
- Order Denying Request for ReconsiderationOAH denied Golden Plains' request to reconsider its refusal to dismiss Student's case, finding no new facts or law and holding that Student's death after filing does not automatically moot the complaint.
- Order Denying Student's Request for ReconsiderationOAH denied Student's request to reconsider the denial of leave to amend the complaint because Student offered no new facts, circumstances, or law and only repeated earlier arguments.
- Order Denying Student's Request for ReconsiderationOAH denied Student's request to reconsider an order refusing a third continuance, because Student offered only argument about extra preparation costs, not new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the stay put denial because Parent's declaration about the district not implementing the IEP during the Covid-19 closure was irrelevant to stay put.
- Order Denying Folsom-Cordova Unified School District's Request for ReconsiderationOAH denied Folsom-Cordova's second request to reconsider its refusal to dismiss Student's records-related claims because the District offered no new facts or law, and OAH confirmed it has jurisdiction.
- Order Granting Request for Reconsideration and Denying Request for Further ContinuanceOAH reconsidered its continuance order but refused to push the hearing to November, because district counsel's only real conflict was a later-filed case and earlier-filed cases take precedence.
- Order Granting Request for Reconsideration and Granting Motion to ContinueOAH granted Long Beach's reconsideration request and continued the hearing to October 6–8, 2020, but refused December dates because this earlier-filed case has priority over counsel's later-filed hearings.
- Order Granting Request for Reconsideration and Request for Second MediationOAH reconsidered and granted a second mediation because the case is procedurally complex, the parties had gained more settlement authority, and a second session could resolve all claims.
- Order Granting Request for Reconsideration, Vacating Order to Show Cause Hearing, and Granting Request for ContinuanceOAH granted reconsideration, cancelled a dismissal show-cause hearing, and continued the hearing to November 2020 after Parent declared he had moved and lacked internet reliable enough for videoconference hearings.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of a second motion to amend, finding no new facts or law and holding the IDEA gives no automatic right to amend a complaint.
- Order Granting Request for Reconsideration and Granting Continuance of Due Process HearingOAH reconsidered and continued the hearing to June 23 and 24, 2020, because Father, an essential law enforcement worker during COVID-19, could now confirm specific dates he could attend and testify.
- Order Granting Request for Reconsideration and Granting Third Request for ContinuanceOAH granted Student's unopposed reconsideration motion and continued the hearing 60 days to August 2020 because Parent was due to give birth, but held that incomplete independent evaluations were not good cause for delay.
- Order Granting Request for Reconsideration and Denying ContinuanceOAH reconsidered but refused to delay the hearing further. It held that the district representative's childcare needs during COVID-19 shelter-in-place were not good cause, and that no law had paused due process timelines.
- Order Granting Student's Request for Reconsideration; Order Granting in Part Student's Request for ContinuanceOAH granted Student's reconsideration request but refused to delay hearing until November 2020, instead resetting it to June 16-18, 2020, and offering real-time transcription to address Parent's hearing concerns.
- Order Denying Request for ReconsiderationOAH denied Rocklin's motion to reconsider its February 25, 2020 final decision, because Rocklin did not show that OAH still had jurisdiction after issuing the final decision.
- Order Granting Request for Reconsideration and Denying Continuance RequestOAH reconsidered but again denied the districts' request to continue a COVID-era videoconference hearing. It found OAH's video procedures provide due process and that witness difficulties could be handled by scheduling.
- Order Granting Request for Reconsideration and Setting Mediation Date and Continuance of Prehearing Conference and Due Process HearingOAH granted joint reconsideration and continued the hearing because the parties now explained good cause and proposed shorter, more reasonable dates than the August 2020 hearing date it had rejected.
- Order Denying Student's Request for ReconsiderationOAH denied Student's motion to reconsider a short COVID-19 continuance granted to Bakersfield, calling the motion gamesmanship with no new facts or law, and warned that similar motions could bring sanctions.
- Order Denying Motion for ReconsiderationOAH denied Student's reconsideration motion. Student offered no new facts or law, no authority makes a district of residence offer FAPE to a charter school student, and the motion was untimely.
- Order Denying Request for ReconsiderationOAH denied Parent's request to reconsider the dismissal of Student's complaint because Parent offered no new facts, circumstances, or law, only an argument that the ALJ misunderstood Student's theory.
- Order Granting Request for Reconsideration and Denying Request for ContinuanceOAH granted reconsideration but again denied the joint continuance, ruling that the district's spring break is not good cause and that no evidence showed key witnesses would be unavailable.
- Order Granting Request for Reconsideration and Granting Request for ContinuanceOAH granted Bellflower's reconsideration motion and the joint continuance because counsel's late-filed declaration showed good cause that was missing from the original request.
- Order Granting Request for Reconsideration and Denying Request to Unconsolidate CasesOAH reconsidered but kept Student's and Gilroy's cases consolidated. Gilroy missed a shortened response deadline, and both cases challenge the same January 2019 IEP offer.
- Order Granting Request for Reconsideration, Denying Motion to Extend Dismissal, and Setting Matter for HearingOAH reconsidered but again refused to extend automatic dismissal while a settlement awaited federal court approval of an exhaustion stipulation, citing IDEA's timeliness mandate, and set the case for hearing.
- Order Granting Request for Reconsideration and Granting Request for ContinuanceOAH granted Capistrano's reconsideration request and moved the hearing to April 21-23, 2020, because the OAH-chosen April 7-9 dates fell during a school break when essential witnesses were unavailable.
- Order Denying Request for ReconsiderationOAH denied IQ Academies' request to reconsider its denial of a motion to dismiss based on a settlement agreement because the school offered no new facts, circumstances, or law.
- Order Denying Motion for ReconsiderationOAH denied Student's request to reconsider the denial of a late continuance motion because the new declarations and argument were available earlier and disagreement alone does not justify reconsideration.
- Order Denying Request for ReconsiderationOAH denied Fontana's request to reconsider its refusal to continue the hearing because the district offered no new facts, circumstances, or law, and an upcoming mediation could resolve the case.
- Order Granting Request for ReconsiderationOAH granted Student's reconsideration and vacated the hearing dates, but moved the hearing earlier rather than later because the case had been pending since August and the IDEA favors timely resolution.
- Order Denying Request for ReconsiderationOAH denied Sonoma Valley's request to reconsider its denial of a motion to bifurcate the hearing because the district offered no new facts, circumstances, or law, only repeated arguments.
- Order Denying Request for ReconsiderationOAH denied Irvine's request to reconsider an order vacating hearing dates on remand, finding that citing a prior OAH remand case was not new law and Student's curriculum was already in the record.
- Order Granting Request for ReconsiderationOAH granted Petaluma's reconsideration motion and set a January 10, 2020 mediation because Student had cancelled the January 9 mediation, so it was no longer a request for a second mediation.
2019
- Order Granting Request for Reconsideration and Denying Student's Motion to DismissOAH granted reconsideration and treated Student's earlier filing as a motion to dismiss the District's complaint, then denied it because Student gave no reason the case should be dismissed without a hearing.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order allowing Greenfield to call Parent as a witness, finding no new facts or law and that the Fifth Amendment privilege must be raised question by question.
- Order Denying Request for ReconsiderationOAH denied San Francisco's request to reconsider the hearing issue set in the prehearing conference order because the District offered no new facts, circumstances, or law.
- Order Denying Student's Second Motion for ReconsiderationOAH denied Student's second motion to reconsider the denial of her late motion to amend. Student offered no new facts and never explained why she waited eight months, until the eve of hearing.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of a late motion to amend, because Student offered no new facts and no reason for waiting eight months to amend.
- Order Granting Request for Clarification and Vacating Dismissal Without PrejudiceOAH vacated its on-the-record dismissal of Student's case for failure to prosecute. Student had shown intent to pursue the case, and both sides had already presented evidence on the issues.
- Order Denying Request for Reconsideration and Order Granting Request for ContinuanceOAH denied Palmdale's request to reconsider reopening Student's case after the school board failed to adopt the settlement, because Palmdale never explained why it did not raise its arguments earlier; continuance granted.
- Order Granting Request for Reconsideration and Denying Request to Amend ComplaintOAH granted Student's timely reconsideration request but again denied leave to amend, finding no good-cause declaration under the prehearing order and that new later-arising issues would endlessly delay hearing.
- Order Denying Request for Reconsideration and Denying Request to Unexpedite IssuesOAH denied Student's reconsideration request because a no-action order has nothing to reconsider. It also refused to unexpedite issues because Student's own complaint alleged violations of the IDEA's discipline provisions.
- Order Granting Request for Reconsideration and Deeming First Amended Complaint Filed on October 22, 2019OAH granted Western Placer's reconsideration motion and vacated its October 25 order allowing amendment, but deemed Student's amended complaint filed October 22, 2019, because amendments made under an insufficiency order are automatic.
- Order Denying Request for ReconsiderationOAH denied Santa Monica-Malibu's request to start mediation at 10:00 a.m. instead of 9:30 a.m., finding the district offered no new facts, circumstances, or law justifying reconsideration.
- Order Denying Request for ReconsiderationOAH denied Beaumont Unified's request to start mediation at 10:00 a.m. instead of 9:30 a.m. because the district offered no new facts, circumstances, or law justifying reconsideration.
- Order Granting Request for Reconsideration and Granting Student's Continuance RequestOAH granted Student's reconsideration request and continued the hearing to December 3, 2019, because a new declaration showed Father could not attend due to a binding work contract.
- Order Granting Request for Reconsideration and Granting Request for ContinuanceOAH granted ABC Unified's reconsideration and continued the hearing to November 19, 2019, because the District identified its attorney's conflicting, earlier-filed OAH hearing.
- Order Granting Request for Reconsideration and Denying Request to Further Continue HearingOAH granted reconsideration but again refused to push the hearing to December 2019, finding no good cause because the case had been pending since April and had priority over a later-filed case.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of a change in hearing location because Parents' travel plans were already known when the first request was made.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a stay put order. Proof of a 2012 mild-moderate placement did not show it was the last agreed-upon and implemented program, so stay put remains moderate-severe.
- Order Denying Request for ReconsiderationOAH denied Cajon Valley's request to reconsider the denial of its request for an administrative law judge as mediator, finding no new facts or law and noting parties cannot choose their mediator.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the dismissal of settlement-barred claims, because Student offered no new facts or law, and whether the settlement was rescinded is outside OAH's jurisdiction.
- Order Granting Request for Reconsideration and Granting Request for ContinuanceOAH reconsidered and granted Design Tech's continuance because its counsel had a conflicting expedited hearing, which takes precedence. OAH reset the hearing to late August, not the end of September as requested.
- Order Denying Request for ReconsiderationOAH denied the parties' joint request to reconsider an order denying Student leave to amend, because they offered no new facts, circumstances, or law.
- Order Following Prehearing Conference Granting Request for Continuance and Setting Mediation, Prehearing Conference, and Due Process Hearing; Order for Deadline for Long Beach Unified to File Response to Student's Stay Put MotionOAH granted Long Beach Unified's motion to reconsider its earlier continuance denial over Student's opposition, because district counsel was set for another earlier-filed hearing. OAH reset the hearing to October 2019.
- Order Granting Requests for Reconsideration and ContinuanceOAH granted San Carlos's reconsideration request and moved the hearing to September 17-19, 2019, because its trial attorney resigned and the replacement lead counsel had a prepaid vacation on the earlier dates.
- Order Granting Request for Reconsideration and Granting Request for Mediation and Continuance of Prehearing Conference and Hearing and Setting Dates for Mediation, Prehearing Conference and HearingOAH granted the parties' joint reconsideration request because its earlier order set the wrong mediation date and the parties now showed good cause, so mediation was reset to August 15, 2019, and the hearing was continued.
- Order Granting Request for Reconsideration and Affirming Denial of Rescheduling Expedited Due Process HearingOAH granted Empire Springs' reconsideration request but again refused to move Student's expedited expulsion hearing to September, because no law requires waiting until school resumes after summer break.
- Order Granting Request for Reconsideration and Granting ContinuanceOAH reconsidered and granted Student's continuance because counsel's vacation was planned before the scheduling order, but refused a September date and reset hearing for July 30, 2019.
- Order of No Action Regarding Motion for ReconsiderationOAH took no action on Student's second reconsideration motion, explaining that parties cannot refile the same motion to get a different result and that no law requires assigning a different ALJ.
- Order Denying Request for ReconsiderationOAH denied Parent's request to undo a joint continuance and keep the June hearing dates because she offered no new facts or law and never filed a prehearing conference statement.
- Order Granting Request for Reconsideration; Order Granting Joint Motion to Consolidate and Setting MediationOAH reversed its earlier denial and consolidated Garden Grove Unified's assessment case with Student's second case, because both cases turn on the same assessments and the parties jointly asked to mediate.
- Order Granting Motion for Reconsideration, Denying Motion for Mediation and Continuance, Vacating June 12, 2019 Order, and Confirming Dates in Scheduling OrderOAH vacated its order granting mediation and a continuance. Student's counsel had filed a joint-request form that Southwest SELPA never agreed to, and no good cause was shown for continuing over its objection.
- Order Granting Request for Reconsideration and Request for Continuance and Setting Prehearing Conference and Due Process Hearing DatesOAH granted reconsideration and continued the hearing to July 2019 because District's counsel had a prepaid vacation, but refused the parties' agreed September dates for lack of good cause.
- Order Denying Request for ReconsiderationOAH denied Student's request to undo the dismissal of his amended complaint, because Student offered no new facts, circumstances, or law showing his claims were not barred by a December 2018 settlement agreement.
- Order Denying Student's Request for ReconsiderationOAH denied Student's second reconsideration request. Student showed no new facts or law, and an independent assessment was not needed for a child find claim once Bellflower had assessed Student and found Student eligible.
- Order Granting District's Request for Reconsideration, and Determining Complaint SufficientOAH granted Burton's reconsideration request because the district may not have received the complaint's attachments, but again found Student's complaint sufficient based on the four-page form alone.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider releasing a subpoenaed psychologist's records to Capistrano, finding that extra or improperly copied documents do not defeat the subpoena and no sworn declarations supported the claims.
- Order Denying Lancaster School District's Request for ReconsiderationOAH denied Lancaster's request to restore its May hearing dates after consolidation, because a May hearing would cut short Student's mandatory 30-day resolution period and Lancaster showed no new facts or law.
- Order Granting Request for Reconsideration and Setting Additional Hearing DateOAH granted Student's reconsideration request and added May 21, 2019, as a hearing date because Student needed a certain date to subpoena an expert witness.
- Order Denying Request for ReconsiderationOAH denied Glendora's request to reconsider a continuance granted for Parent's family emergency because the district's new scheduling-conflict facts were known earlier but left out of its original opposition.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order refusing to continue April hearing dates. Parents' summer vacation and the district's summer break were not new facts justifying reconsideration.
- Order Denying Request for ReconsiderationOAH denied Parent's request to reconsider dismissal of an adult Student's complaint because the motion offered no new facts, circumstances, or law, and was also filed late.
- Order Granting Request for Reconsideration and Continuance of Prehearing Conference and Due Process HearingOAH granted Napa Valley's reconsideration and continued the hearing to May 21, 2019, after sworn declarations showed the special education director, Parent, and district counsel were unavailable.
- Order Granting Request for Reconsideration and Denying Motion to DismissOAH granted Student's request for reconsideration but again denied her motion to dismiss Anaheim's case, because special education law has no summary judgment procedure and OAH has jurisdiction over Anaheim's claims.
- Order Following Prehearing Conference and Denying Student's Motion for Correction and ClarificationOAH denied Student's motion to correct and clarify the trial setting order. The remand hearing goes forward with Escondido presenting its new evidence first, because the evidentiary hearing was granted at Escondido's request.
- Order Granting Request for Reconsideration, Granting Continuance, and Denying Request for Mediation DateOAH granted reconsideration and continued the hearing based on a new declaration about assessment delays, but denied another mediation date because the parties canceled the last one on the eve without explanation.
- Order Granting Motion for Reconsideration and Denying Request for ContinuanceOAH reconsidered but again denied the districts' continuance request, finding lead counsel's prepaid vacation was a problem of her own making after the districts' own amendment reset hearing dates.
- Order Granting Request for Reconsideration and Rescheduling Due Process Hearing DatesOAH granted Larkspur-Corte Madera's reconsideration request and restored the original hearing dates because its earlier order mistakenly moved the hearing earlier instead of later, and district counsel was unavailable on the new dates.
- Order Denying Request for Reconsideration Re Motion to DismissOAH denied Student's renewed motion to dismiss Upland's assessment case, treating it as reconsideration, because it offered no new facts or law and the withdrawal argument was untimely.
2018
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the earlier denial of stay put under Student's 2014 IEP because Student offered no new facts, circumstances, or law.
- Order Granting Request for Reconsideration and Motion to Amend ComplaintOAH granted Student's unopposed reconsideration request and allowed the amended complaint, because Student refiled the motion within ten days and this time attached the proposed amended complaint missing from the first motion.
- Order Denying Motion for ReconsiderationOAH denied Newport-Mesa's motion to reconsider a stay put order. The district showed no new facts or law and had misread the order, which rested on Student's summer transfer between school years.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of motions to compel pupil records and continue the hearing because the papers were not served on Anaheim's counsel, lacked declarations, and raised no new facts.
- Order Following PHC; Reconsidering and Rescinding Order for Status Conference Sua Sponte; and Granting in Part and Denying in Part Request for Continuance of Prehearing Conference and Hearing DatesOAH rescinded its own order setting a status conference and instead continued the hearing to February 2019, because the settlement still needed Superior Court approval and so was not final.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of a peremptory challenge, finding no new facts or law and that the challenge was untimely because it came after the prehearing conference convened.
- Order Granting Reconsideration; Rescinding Los Altos School District's Dismissal; Denying Request for Status Conference and Setting Hearing DatesOAH granted Student's reconsideration motion and reinstated Los Altos as a party because the settlement with Los Altos depended on approval by a third party, Mountain View's school board.
- Order Denying Requests for Reconsideration Regarding Orders Denying Stay Put and ConsolidationOAH denied Student's refiled stay put and consolidation motions, treated as reconsideration requests, because Student offered no new facts, circumstances, or law and no sworn declaration explaining the duplicate filings.
- Order Granting Request for Reconsideration and Granting Request to Continue Due Process Hearing; Denying Motion to Amend Complaint and Denying Request for Second Mediation DateOAH granted joint reconsideration and continued the hearing so pending IEP meetings could finish. It refused the March 2019 date, denied a premature amendment request, and denied a second mediation for lack of good cause.
- Order Denying Request for ReconsiderationOAH denied Long Beach's request to reconsider its denial of a 97-day continuance because the district's claimed scheduling conflicts were not new and some it had listed had already settled or been withdrawn.
- Order Denying Request for Reconsideration; Order Granting Motion to Amend ComplaintOAH denied Student's request to reconsider leaving out an unpled issue because no new facts or law were shown, but let Student amend the complaint, resetting all timelines.
- Order Granting Motion for Reconsideration and Denying Request for MediationOAH reconsidered but again denied a second mediation date because San Leandro cancelled the first one only to avoid the assigned mediator, and parties cannot cancel and reschedule to pick their mediator.
- Order Denying Request for ReconsiderationOAH denied Parent's motion to reconsider the denial of a continuance because it raised no new facts or law, came two business days before hearing, and a delay would not solve Parent's inability to afford counsel.
- Order Granting Request for ReconsiderationOAH granted Berkeley's unopposed reconsideration request because the ALJ had overlooked its request for a separate mediation, setting Berkeley-Student mediation for October 26, 2018 and continuing the prehearing conference and hearing.
- Order Granting Reconsideration and Partially Granting and Partially Denying Request for ContinuanceOAH granted Student's reconsideration motion after a physician's note was supplied, but continued the hearing only one day because the note said Parent could return to full capacity October 17.
- Order Denying Request for ReconsiderationOAH denied Long Beach's request to reconsider a stay put order keeping Student's IEP bus transportation, because the district offered no new facts, circumstances, or law.
- Order Granting Motion for Reconsideration and Vacating Order Permitting Telephonic Testimony by Katrina MartinOAH vacated its order letting an out-of-state witness testify by phone for Student because Student's request was never served on Orinda, leaving the district no chance to object.
- Order Denying Request for ReconsiderationOAH denied Oxnard's request to reconsider an unopposed stay put order because its counsel being too busy with court actions and other cases was not excusable neglect.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider its ruling on the District's response to the amended complaint because Student raised no new facts or law and did not explain the late filing.
- Order Denying Request for ReconsiderationOAH denied Kern County's renewed motion to dismiss, treated as a reconsideration request, because it offered no new facts, circumstances, or law and was filed more than ten days after the order.
- Order Granting Request for Reconsideration and Request for ContinuanceOAH granted a joint request to reconsider its denial of a continuance and reset the hearing to November 2018, in the interests of justice, though the parties offered no new facts.
- Order Denying Request for ReconsiderationOAH denied Ventura County SELPA's motion to reconsider an order keeping it in the case as a party, because the SELPA offered no new facts, circumstances, or law.
- Order Denying Request for Reconsideration, and Denying Request for a ContinuanceOAH denied Vacaville's request to reconsider a continuance granted to Student and refused a further continuance, finding no new facts and that counsel's later-filed cases do not take priority.
- Order Denying Motion for ReconsiderationOAH denied Parent's request to reconsider an order requiring proof of her right to represent an adult Student, because privacy concerns are not new facts and the proceedings are confidential.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of a venue change because Student offered no new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider the denial of a continuance, holding that no rule gives a party time to reply to an opposition before OAH rules on a continuance request.
- Order Granting Request for Reconsideration; Order of Determination of Partial Insufficiency of Due Process ComplaintOAH granted Moraga's reconsideration request because the full complaint was served two days after the cover page, then found Student's issue two too vague but her child find issue sufficiently pled.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order denying stay put because Student offered no new facts, circumstances, or law, and the district's late response could properly be considered.
- Order Granting Request for Reconsideration and Denying Motion to Amend Complaint Without PrejudiceOAH granted reconsideration to fix an unfinished sentence but again denied Student's motion to amend, because an amended complaint must be one complete, self-contained document, not an attachment.
- Order Granting Request for Reconsideration and Denying Castro Valley's Peremptory ChallengeOAH reconsidered but again denied Castro Valley's peremptory challenge as untimely, finding that showing the new ALJ on OAH's public calendar, plus a courtesy phone call, gave the district notice before the deadline.
- Order Denying Request for Reconsideration of Order Denying Second Request for ContinuanceOAH denied Student's request to reconsider the denial of a second continuance because the family offered no new facts about its attorney search, and Father's doctor's note had already cleared him to return.
- Order Denying Motion for ReconsiderationOAH denied Student's request to reconsider the refusal to dismiss Chaffey's due process case. Student raised no new facts or law, and a related federal case does not require OAH to dismiss.
- Order Granting Request for Reconsideration and Granting Motion to File Second Amended ComplaintOAH granted the parties' joint request for reconsideration and allowed Student's second amended complaint because Amador had since filed formal written consent, not just a notice of non-opposition.
- Order Granting Request for Reconsideration; Vacating Continued Hearing DatesOAH granted District's reconsideration request and vacated the continued hearing dates because District admitted it had filed its continuance request in the wrong case and lacked Student's agreement.
- Order Denying Request for ReconsiderationOAH denied Student's motion for reconsideration because Student offered no new facts or law, and the motion to dismiss Student was worried about had not yet been ruled on.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider the denial of her motion to amend to add Ocean Charter School and new claims, because she offered no new facts, circumstances, or law.
- Order Granting Motion for Reconsideration and Request for ContinuanceOAH granted Dublin's request for reconsideration and its continuance motion after Dublin explained why the motion was late, citing unsuccessful mediation efforts and its counsel's conflicting earlier-filed hearing.
- Order Denying Request for Reconsideration and/or Clarification of Final DecisionOAH denied Santa Rosa's request to reconsider or clarify the Monarch Center placement remedy in its Final Decision because OAH loses jurisdiction once a due process decision is issued.
- Order Granting Request for Reconsideration and Denying Opposition to Motion to AmendOAH granted El Dorado County Charter SELPA's reconsideration request but still let Student add it as a respondent, because claiming it is not a proper party is no reason to deny an amendment.
- Order Granting Request for Reconsideration and Denying Opposition to Motion to Amend ComplaintOAH reconsidered but upheld its order letting Student amend her complaint, finding the order was made May 17, five days before hearing, even though the parties received it May 18.
- Order Denying Motion for ReconsiderationOAH denied Student's motion to reconsider K12, Inc.'s dismissal because Student offered no new facts, circumstances, or law, and K12, a private vendor, is not a public agency.
- Order Disclosing Student's Ex Parte Communication to Menifee Union School District and Notice of No ActionOAH declined to review its final March 21, 2018 decision at Parent's request, explaining it loses jurisdiction once a decision issues, and disclosed Parent's unserved filing to District as an ex parte communication.
- Order Denying Motion for ReconsiderationOAH denied Student's request to reconsider its denial of stay put at The Prentice School because Student offered no new facts or law, only the same IEP and prior written notice already submitted.
- Order Denying Motion for ReconsiderationOAH denied Student's motion to reconsider the denial of stay put because Student offered no new facts, circumstances, or law and only restated arguments from the original motion.
- Order Granting Request for Reconsideration and Mediation DateOAH granted Student's reconsideration request and set mediation for April 9, 2018, after Student explained the District had become unavailable for the earlier agreed mediation date.
- Order Denying Student's Motion to Amend Following ReconsiderationOAH reversed its earlier order letting Student amend his complaint because Student never filed the amended complaint, even after being given a deadline, and reinstated the original complaint with new hearing dates.
- Order Granting Request for Reconsideration; Granting in Part Request to Reframe Issue Number 3(a) as Contained in the Prehearing Conference Order; and Correcting Typographical ErrorOAH broadened Student's 2017-2018 behavior plan issue to include failure to offer and implement an appropriate behavior intervention plan, because the complaint as a whole put Brentwood on notice, but refused to add more factual detail.
- Order Granting Request for Reconsideration and Granting Continuance of HearingOAH granted reconsideration based on Father's new declaration about a work conflict, but continued the hearing only to March 20, 2018, not the jointly requested May 8, finding no good cause for that long a delay.
- Order Denying District's Request for ReconsiderationOAH denied District's unopposed motion to reconsider the denial of its insufficiency notice because District only repeated its earlier arguments and offered no new facts, circumstances, or law.
- Order Granting Request for Reconsideration and Modifying Order Regarding Procedural MatterOAH granted Yuba City's reconsideration request because one of its witnesses was unavailable for the scheduled February 12 session. Each side's unused time may be spent questioning that witness on February 13.
- Order Denying Request for ReconsiderationOAH denied Yuba City's motion to reconsider an order lifting a no-contact rule with the hearing interpreter, because the District offered no new facts, circumstances, or law.
- Order Granting Request for Reconsideration and Continuing Prehearing Conference and Due Process Hearing DatesOAH granted both districts' unopposed reconsideration requests and briefly continued the hearing because district counsel and a necessary witness were unavailable on the newly assigned dates.
- Order Denying Antioch's Request for Reconsideration and Granting Antioch's Motion for Leave to Amend Response to Due Process ComplaintOAH denied Antioch's late request to reconsider its denied motion to bifurcate residency, finding no new facts or law, but let Antioch amend its response to raise residency as a defense.
2017
- Order Granting Request for Reconsideration, Order Granting Parties' Request to Advance Due Process Timeline, and Order Granting Parties' Stipulation to Continue the Prehearing Conference and Hearing DatesOAH granted Student's reconsideration request and restored the original January 2018 hearing dates. The parties' signed stipulation to keep those dates when amending the complaint counted as a written waiver of the resolution session.
- Order Granting Request for Reconsideration, Denying Motion to Amend, and Denying Request for ContinuanceOAH granted reconsideration but again refused Student's late amendment and denied another continuance, finding no good cause to delay hearing until Student's private assessments finish in January 2018.
- Order Denying Request for Reconsideration of Student's Motion to Amend ComplaintOAH denied Student's request to reconsider the denial of a late motion to amend, finding no new facts or law and holding that Palo Alto's non-opposition was not written consent.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of a motion to amend because Student offered no new facts, circumstances, or law, even though District did not oppose the amendment.
- Order Denying Request for ReconsiderationOAH denied District's request to reconsider a ruling that Student's complaint was sufficient, because District only disagreed with the ruling and offered no new facts, circumstances, or law.
- Order Granting Request for Reconsideration and Granting Student's Motion to Amend Due Process ComplaintOAH granted Antioch's request for reconsideration because the amendment order issued before its opposition deadline, but again allowed Student to amend, rejecting the District's untimeliness and prejudice arguments.
- Order Denying Student's Request for Reconsideration Regarding RepresentationOAH denied reconsideration of its ruling that Student's putative father cannot represent Student, because the motion offered no new facts or law and the cited cases protect only birth or adoptive parents.
- Order Denying Student's (Mother's) Request for Reconsideration, Denial of Student's (Father's) Request to Continue Motion, and Order Denying Student's (Mother's) Request to Amend ComplaintOAH denied Mother's request to reconsider the dismissal of her complaint for lack of jurisdiction. A final due process decision can only be reviewed in court, and she offered no new facts or law.
- Order Denying Request for ReconsiderationOAH denied Liberty's request to reconsider its refusal to dismiss Student's claims before September 11, 2015, because Liberty offered no new facts, circumstances, or law.
- Order Denying Student's Request for ReconsiderationOAH denied Parents' request to reconsider an order requiring proof they hold educational rights for their adult son, because Parents offered no new facts, circumstances, or law.
- Order Granting Request for Reconsideration and Denying Motion to StrikeOAH granted Kipp's request for reconsideration based on a new declaration and charter documents, but again denied its motion to strike, because whether Kipp is a district raises mixed questions of fact and law.
- Order Following Prehearing ConferenceOAH treated District's renewed motions as an untimely request for reconsideration and denied it. The order also set a September 26, 2017 hearing on three FAPE issues and granted Student's request to audio record.
- Order Granting Student's Request for Reconsideration and Continuing Prehearing Conference and Due Process HearingOAH granted Student's reconsideration request and reset hearing dates because the ALJ had overlooked that Student's counsel would be out of the country on the dates originally ordered.
- Order Granting Request for Reconsideration for Student's Motion to Continue Hearing Granted in PartsOAH granted Student's reconsideration in part, moving the hearing one day after the advocate's sworn declaration showed a newly scheduled Sacramento testimony date. A longer continuance for a long-planned conference was denied.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a stay put denial on speech services because Student offered no new facts or law, and the parties already agreed on the stay put speech services.
- Order Denying Student's Request for ReconsiderationOAH denied Student's request to reconsider the denial of a peremptory challenge against ALJ Kara Hatfield, finding no new facts or law and reaffirming that expedited and non-expedited matters are one case.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order vacating an Order to Show Cause. The request offered no new facts or law, had no sworn declaration, and was filed more than ten days late.
- Order Denying Motion for ReconsiderationOAH denied District's motion to reconsider a stay put order. District offered no new facts or law, only repeated its earlier arguments, and filed the motion late without explaining the delay.
- Order Denying Hayward Unified School District's Request to Reconsider Order Scheduling Expedited HearingOAH denied Hayward's request to reconsider the August 2017 expedited hearing date because federal law requires the hearing within 20 school days but does not require school to be in session.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the dismissal of the case because Student offered no new facts or law, and OAH lacks jurisdiction to enforce a private settlement agreement.
- Order Denying Motion for Reconsideration of Order of Determination of Sufficiency of Due Process ComplaintOAH denied Alameda's motion to reconsider an order finding Student's complaint sufficient, because Alameda offered no new facts, circumstances, or law.
- Order Granting Student's Request for Reconsideration of Order Granting Orinda's Request for Reconsideration and Granting Continuance of Prehearing Conference and HearingOAH granted Student's reconsideration request and moved the hearing from October to August 22–23, 2017, finding that delay until October would prejudice Student more than one witness's new-job schedule justified.
- Order Granting Orinda Unified School District's Request for Reconsideration and Resetting Prehearing Conference and Due Process HearingOAH granted Orinda's unopposed request for reconsideration based on new facts that both district attorneys were unavailable, and moved the hearing from July 12 to October 3, 2017.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of stay put. District continuing behavior services past their end date was not a new fact justifying reconsideration, and a multi-stage IEP as a whole sets stay put.
- Order Denying Request for ReconsiderationOAH denied District's request to reconsider its refusal to dismiss older claims, finding District's late reply brief offered no new facts or law and the statute-of-limitations exception requires a hearing.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a ruling that found Issue Nine insufficient, because Student offered no new facts or law and District's sufficiency notice was timely.
- Order Denying Motion for ReconsiderationOAH denied Student's reconsideration of the dismissal because the late documents confirmed both parents signed the August 2016 settlement and showed no later agreement replacing it.
- Order Denying Santa Clara County Office of Education's Motion for Reconsideration of Order Denying Its Motion to Be Dismissed as a PartyOAH denied Santa Clara County Office of Education's request to reconsider keeping it in the case. Its new charter documents showed real oversight duties over Flex Academy that require a hearing to resolve.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order bifurcating the case to decide residency first, because Mother's move out of Lafayette was not a new fact and could have been raised earlier.
- Order Granting Request for Reconsideration and Granting Motion to UnexpediteOAH reconsidered and unexpedited Student's case because Student clarified he is pursuing his discipline-related claims only as FAPE denials, not under the expedited discipline provisions.
- Order Denying Request to Amend Decision and Notice of No ActionOAH denied Student's request to amend a final decision to name specific independent assessors, because OAH loses jurisdiction once a decision issues and Student gave no legal basis to amend.
- Order Denying Request to Amend Decision and Notice of No ActionOAH denied Student's request to amend a final decision to name specific independent assessors, because decisions are final, OAH loses jurisdiction once a decision issues, and Student gave no legal basis for amendment.
- Order Denying Request for ReconsiderationOAH denied Sacramento City's request to clarify the prehearing conference order, treating it as a reconsideration motion that offered no new facts, circumstances, or law and no sworn declaration.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order consolidating Student's and District's cases, finding proof that Student's counsel received District's motion by fax twelve days before the ruling.
- Order Denying Request for ReconsiderationOAH denied Student's reconsideration of a stay put denial. Student gave no reason for not filing the IEPs earlier, and Parent had not consented to the IEPs supporting a five-period schedule.
- Order Denying San Lorenzo Unified School District's Request for Reconsideration as MootOAH denied San Lorenzo's motion to reconsider letting Parent testify by phone as moot, because Student's amended complaint reset all timelines and issues for a new prehearing conference.
- Order Granting Request for Reconsideration of Motion to Withdraw, and Denying Motion for Continuance Without PrejudiceOAH granted reconsideration and let Student's attorney withdraw after counsel supplied Parent's last known address and written notice, but deferred the continuance request because nothing showed Parent wanted one.
- Order Denying Student's Request for ReconsiderationOAH denied Student's fifth attempt to dismiss District's assessment case for lack of jurisdiction, treating it as a reconsideration request that offered no new facts, circumstances, or law.
- Order Granting Request for Reconsideration; Granting Motion to Amend and Denying Motion to DismissOAH reconsidered but kept its order letting Student amend after Parents rescinded a settlement before school board approval, holding neither side was bound until the Board ratified the agreement.
- Order Denying Request for ReconsiderationOAH denied Temecula Valley Unified's request to reconsider the denial of its late peremptory challenge to ALJ Paul Kamoroff because District offered no new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider an order refusing to continue the hearing, because the parties' later joint continuance request had already been granted, making the motion moot.
- Order Denying Motion for ReconsiderationOAH denied Student's motion to reconsider the denial of her motion to dismiss and summary judgment motion because she offered no new or different facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of her motion to amend, finding no new facts, circumstances, or law and that the 'new' issues only re-split the original claims.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of Student's motion to dismiss District's complaint because Student offered no new facts or law, only notice that the family would stop participating.
- Order Granting Request for Reconsideration; and Order Granting ContinuanceOAH granted Student's reconsideration request and continued the hearing to April 18, 2017, because counsel's declaration showed he was unavailable due to another hearing, but only through March 2017.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a continuance order because pointing out minor factual errors is not new facts or law, but invited a joint request for mutually agreed hearing dates.
- Order Denying Student's Motion to Vacate Order of December 30, 2016OAH denied Student's motion to vacate a partial dismissal order, treating it as an untimely reconsideration request filed nearly 60 days late with no new facts, circumstances, or law.
- Order Granting Student's Motion for Reconsideration Regarding Issues 1, 2, 3 and 6 and Partially Granting District's Motion to Dismiss Issue 1, and Limiting Issues 2, 3 and 6 to Time Periods From September 5, 2014 ForwardOAH granted Student's reconsideration motion and revived a claim about a September 5, 2014 IEP, because the two-year filing deadline fell on a state holiday and moved to the next business day.
- Order Granting Request for Reconsideration and Order Determining Office of Administrative Hearings Has Jurisdiction Over Student's Remaining Issues for HearingOAH granted District's reconsideration request based on Fry v. Napoleon but again found it has jurisdiction, because Student's claims are framed as a denial of FAPE, not just Section 504 or ADA violations.
- Order Denying Student's Motion for ReconsiderationOAH denied Student's request to reconsider consolidation because District's failure to serve the full complaint was not a new fact affecting the common questions of law or fact between the cases.
- Order Denying Student's Motion to Clarify OrderOAH denied Student's request to undo the dismissal of a time-barred claim because Student waited 42 days, gave no explanation for the delay, and offered no genuinely new facts.
- Order Granting Request for Reconsideration and Reaffirming Denial of PeremptoryOAH granted District's reconsideration request but again denied its peremptory challenge, finding no record of a proper fax filing and that the challenge was buried inside a different case's filing.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the dismissal of the complaint as time-barred because Student offered no new facts, circumstances, or law and only repeated arguments already rejected.
- Order Denying Request for ReconsiderationOAH treated Student's second motion to dismiss as a request for reconsideration and denied it because it repeated the same arguments as the earlier denied motion and offered no new facts or law.
- Order Denying Request for Reconsideration and Order Continuing HearingOAH denied Student's request to reconsider an order keeping the hearing in Tehachapi because Student offered no new facts, circumstances, or law, and continued the hearing to January 24, 2017.
2016
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider dismissing Visalia's complaint without prejudice, because Student offered no new facts or law and Visalia withdrew before the hearing began.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider an order dismissing several issues under a settlement agreement, finding the motion offered no new facts, circumstances, or law, only new arguments about the agreement.
- Order Granting Request for Reconsideration, Granting Motion to Amend, and Granting ContinuanceOAH granted District's reconsideration request after finding its proposed amended complaint had been e-filed but never processed, then allowed the amendment and continued the hearing to previously agreed dates.
- Order Granting Request for Reconsideration and Affirming Prior Order Setting New DatesOAH granted reconsideration but again refused to keep the original hearing dates after Student filed a greatly expanded amended complaint, because District is entitled to a resolution session on the new issues.
- Order Denying Request for ReconsiderationOAH denied Student's request to have a specific ALJ reassigned and to undo the order vacating the prehearing conference, because Student offered no new facts or law and parties cannot choose their ALJ.
- Order Granting Request for Reconsideration and Granting Request for Continuance of Mediation, Prehearing Conference, and Hearing DatesOAH granted Student's request for reconsideration and the parties' joint continuance after Student's advocate showed the new fact that Parent would be traveling on business on the reset October 4 mediation date.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider November hearing dates and move them earlier, finding Parents' financial hardship from funding a unilateral private placement did not justify displacing other families' cases.
- Order Granting Joint Motion for Reconsideration of Request for Continuance and Setting Prehearing Conference and Due Process HearingOAH granted the joint reconsideration request and continued the hearing to November 29, 2016, but refused a continuance over 90 days because the reasons given did not justify that much delay.
- Order Denying Request for ReconsiderationOAH denied District's second request for reconsideration because District offered no new facts, circumstances, or law and only repeated its earlier argument for "correction" of a statute-of-limitations dismissal order.
- Order Denying Request for ReconsiderationOAH denied Oak Grove School District's request to "correct" a statute-of-limitations dismissal order to bar more claims, treating it as reconsideration and finding no new facts, circumstances, or law.
- Order on Reconsideration, Confirming Previous Denial of Continuance, Without PrejudiceOAH reconsidered but again denied a joint 120-day continuance. The parties did not explain how a planned assessment affected the case, and they had not discussed earlier hearing dates.
- Order Following Prehearing Conference and Dismissing Expedited IssuesOAH refused to treat the parties' joint stipulation to unexpedite as grounds to reconsider its earlier denial because no new facts were shown. Student then withdrew the expedited issues without prejudice.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of a continuance because Student offered no new facts, circumstances, or law, and the hearing stays on its July 12–14, 2016 dates.
- Order Granting Request for Reconsideration and Denying Motion to ContinueOAH granted James Peters' timely reconsideration request but again refused to continue the June 24, 2016 order to show cause hearing, because being out of town does not prevent joining a telephonic hearing.
- Order Granting Request for Reconsideration and Granting Notice of InsufficiencyOAH reconsidered and found Lawndale's notice of insufficiency timely because the 15th day fell on a Saturday, then found all three of Student's issues too vague to proceed.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of an untimely peremptory challenge, because Student offered no new facts or law and admitted counsel knew of the ALJ assignment on June 10.
- Order Denying Request for ReconsiderationOAH denied Student's motion to reconsider the denial of a continuance as moot because the hearing had already gone forward without Student and the matter was submitted for decision.
- Order Granting Request for Reconsideration and Clarification and Amending May 19, 2016 Order Granting ConsolidationOAH granted Student's request to correct its consolidation order, removing Julian Charter Schools as a party because it was not named in any of the three consolidated cases.
- Order Granting Request for Reconsideration; Deeming Student's Amended Complaint Filed May 18, 2016; Re-Setting Dates; and Denying Request for Continuance as MootOAH granted reconsideration and moved Student's amended complaint filing date from April 18 to May 18, 2016, because two respondents were newly added and the expedited claim had been dismissed.
- Order Granting Motion for Reconsideration and Denying Motion to DismissOAH reconsidered but again denied Student's motion to dismiss Elk Grove's assessment case. A newly obtained IEP meeting recording raised factual disputes for hearing and did not show the case merely sought settlement enforcement.
- Order Granting Request for Reconsideration; Order Granting ContinuanceOAH reconsidered its denial of a joint continuance and moved the hearing to July 2016, because Parent's declaration showed the family had been in Chile and could not prepare for hearing.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider dismissal of the case. The Parents' letter claiming they cancelled the settlement was not new evidence, and OAH still lacked jurisdiction over settlement-enforcement claims.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider its refusal to set aside a mediated settlement, finding no new facts or law and that the request was filed more than ten days after the order.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a partial continuance and a venue-change denial because Student offered no new facts, circumstances, or law, and parental preference alone does not justify moving the hearing.
- Order Granting Request for Reconsideration; Vacating Hearing Dates of March 29 and 30, 2016OAH granted District's reconsideration request and vacated the March 29 and 30, 2016 hearing dates because District's earlier continuance request had shown it would be on break and its witnesses out of town.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider dismissing Humboldt-Del Norte SELPA as a party because Student offered no new facts, circumstances, or law, only argued the ALJ ignored an authority already cited.
- Order Denying Request for Further Continuance/Reconsideration, Without Prejudice, and Re-Setting Time of Prehearing ConferenceOAH denied District's request to reconsider and push the hearing to August, finding that a conflicting OAH hearing on the same date does not, by itself, show good cause for a lengthy continuance.
- Order of Determination of Sufficiency of Due Process ComplaintOAH granted Long Beach's reconsideration after a server outage mis-stamped its timely notice of insufficiency. It then found Student's transportation claim sufficient and the one-sentence speech and language claim insufficient.
- Order Granting Motion for Reconsideration and Granting Motion to UnexpediteOAH reconsidered and unexpedited the case because Student showed he never meant to challenge a manifestation determination, only to claim a FAPE denial. He is now barred from arguing expedited-type disciplinary violations.
- Order Setting Briefing Schedule on Request for ReconsiderationOAH denied Student's request for oral argument and for the Division Presiding ALJ to review the order refusing to unexpedite, but took reconsideration under submission and ordered simultaneous briefing.
2015
- Order Granting Request for Reconsideration and Denying Motion to ContinueOAH reconsidered but again denied a fifth joint continuance request. The case had already been delayed repeatedly, and neither counsel's later-filed hearing nor Parents' wish to observe a new placement was good cause.
- Order Denying Motion for ReconsiderationOAH denied Oceanside's request to reconsider a stay put order for Student's afterschool program transportation, finding no new law and an unexplained late declaration that misread the original order.
- Order Denying Student's Request for Reconsideration and Granting Student's Motion to Amend ComplaintOAH denied Student's request to reconsider how the prehearing conference order framed the issues because it showed no new facts or law, but granted Student's timely motion to amend the complaint.
- Order Denying Request for ReconsiderationOAH denied Kern County's request to reconsider the denial of its continuance request because it offered no new facts or law; counsel's possible conflict with another OAH hearing was not good cause.
- Order Reconsidering and Reaffirming Denial of ContinuanceOAH reaffirmed its denial of District's continuance request because District's claim that its special education director was its only prepared representative lacked supporting detail and was submitted late.
- Order Denying Request for Reconsideration and Notice of No Action Regarding Notice of Intent to File Amended ComplaintOAH denied Student's request to reconsider the denial of a third continuance because Student offered no new facts, circumstances, or law, and took no action on a notice of intent to amend.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the refusal to dismiss his own complaint based on a settlement, because the attached settlement agreement and Mother's declaration were not new and were available earlier.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of stay put. A district court case decided before the original motion was not new law, and its facts were different.
- Order Denying Request for Reconsideration Regarding Stay-PutOAH denied Long Beach's request to reconsider a stay-put order keeping Student at Vista Del Mar. The district offered no new facts and filed two months late without explanation.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider dismissal of a settlement-enforcement complaint because the IEP-meeting claim and the independent FAPE claim were new claims, not new facts, and require a new complaint.
- Order (1) Granting Request for Reconsideration and (2) Granting in Part and Dismissing in Part Davis' Motion to Dismiss Portions of Student's First Amended ComplaintOAH granted reconsideration and dismissed every claim against Davis except its February 2014 assessment. The private-school district owes only child find, eligibility, and a service plan, and service-plan disputes belong in state complaints.
- Order Denying Motion for Reconsideration of Order Partially Granting Student's Motions to Quash Subpoenas Duces TecumOAH denied District's request to reconsider an order limiting its subpoenas, finding no new facts or law and that the subpoenaed documents did not relate to residency, the only hearing issue.
- Order Denying Request for ReconsiderationOAH denied Elk Grove's request to reconsider dismissal of its settlement-enforcement claim, because the settlement clause was already considered and parties cannot give OAH jurisdiction by agreement.
- Order Denying Request for ReconsiderationOAH denied Sacramento City's motion to reconsider a continuance order because the conflicting hearing in Student's sibling's case had since been moved, eliminating the scheduling conflict.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of stay put because it offered no new facts, circumstances, or law and no sworn declaration showing an implemented IEP.
- Order Denying California Department of Education's Motion for Reconsideration and/or Renewed Motion to Dismiss as MootOAH denied CDE's motion for reconsideration and renewed motion to dismiss as moot because Student was granted leave to file an amended complaint that replaced the original complaint.
- Order Directing Parties to Submit DocumentsOAH ordered both parties to submit the March 12, 2014 and March 5, 2015 IEPs to decide Student's stay put reconsideration motion, because Student's filings named different IEPs as the last implemented one.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a continuance granted to the districts because Student offered no new facts, circumstances, or law and only disagreed with the ALJ's analysis.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order finding most complaint issues insufficient because Student only repeated arguments already made in an earlier opposition and offered no new facts, circumstances, or law.
- Order Granting/Denying Request for ReconsiderationOAH denied the parties' joint request to reconsider hearing dates because they re-filed their original continuance request without new facts, circumstances, or law supporting a Friday hearing day.
- Order Granting Motions to Reconsider and Continue, and Setting Prehearing Conference and Hearing DatesOAH granted Tamalpais's motion to reconsider and continued the hearing to August 25, 2015, over Student's objection. The district showed a new fact, its attorney's vacation, and explained why it had not disclosed it earlier.
- Order Denying Request for ReconsiderationOAH denied Parents' request to reconsider hearing rulings and reopen the record because they offered no new facts, circumstances, or law, and the challenged rulings were within the ALJ's discretion.
- Order Denying Requests for Reconsideration and Denying Parties Third and Fourth Requests for ContinuanceOAH denied both sides' requests to reconsider its earlier denial of a continuance, and their new continuance requests, because the claims of unavailability were not supported by declarations under penalty of perjury.
- Order Denying Request for ReconsiderationOAH denied Sequoia's request to reconsider the denial of its peremptory challenge, finding no new facts or law and that the ALJ had already held a prehearing conference that set hearing dates.
- Order Granting Request for Reconsideration and Continuing Mediation, Prehearing Conference and Due Process HearingOAH granted Student's unopposed request for reconsideration and moved the hearing to September 2015, finding that Student's attorney's prepaid July vacation was a new fact and good cause.
- Order Granting Request for Reconsideration and Denying Request to ContinueOAH granted Temecula's reconsideration request but again refused to continue the hearing, because counsel only claimed he might be unavailable on July 9 due to another hearing.
- Order Denying Request for ReconsiderationOAH denied both parties' requests to reconsider an order keeping the hearing in July. Summer school, summer vacations, and District's summer recess were not new facts that justified a September continuance.
- Order Granting Request for Reconsideration, and Granting in Part Request for ContinuanceOAH granted Sequoia's reconsideration request because its special education director would be on vacation, but moved the hearing only to July 2015, ruling that summer break is not good cause for a continuance.
- Order Denying Request for Reconsideration as MootOAH denied SDCOE's request to reconsider the denial of its untimely Notice of Insufficiency as moot, because Student's motion to dismiss SDCOE as a party had been granted.
- Order Granting Request for Reconsideration and Denying Request to UnconsolidateOAH reconsidered its consolidation order but kept the cases consolidated, finding that consolidation does not shift the burden of proof. Each party still bears the burden on the issues in its own complaint.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider keeping the case on an expedited track, because no new facts or law were offered and the complaint's allegations, not the remedies sought, control expedited status.
- Order Denying Request for Reconsideration of April 6, 2015 Order Denying Peremptory Challenge and Challenge for CauseOAH denied Student's request to reconsider the denial of a peremptory challenge and a challenge for cause against the ALJ. Student offered no new facts or law and did not explain why the alleged facts were raised late.
- Order Granting Request for Reconsideration and Denying Request for ContinuanceOAH granted Oakland's reconsideration request but again denied its continuance, finding Oakland's attorneys created their own scheduling conflicts by agreeing to overlapping hearing dates in other cases.
- Order Granting in Part and Denying in Part Districts' Motion for ReconsiderationOAH dismissed Student's claims against Grass Valley before February 23, 2013, because no statute of limitations exception was alleged against it, but kept claims within the two-year window.
- Order Denying Request for ReconsiderationOAH denied Student's request to undo the without-prejudice dismissal of District's withdrawn complaint because the hearing had not started and Student offered no new facts or law.
- Order Following Prehearing ConferenceOAH granted Student's motion for reconsideration and the continuance it had earlier denied, reset the hearing to May 26, 2015, and warned that no further continuances will be granted.
- Order Denying Request for ReconsiderationOAH denied Student's second request for reconsideration and further continuance because the attorney's travel difficulties had already been considered when OAH granted a one-day continuance.
- Order Granting Request for ReconsiderationOAH granted Student's third reconsideration request and continued the hearing to March 3, 2015, because counsel's newly disclosed, mis-calendared court conflict was a new fact, despite the last-minute, piecemeal filing.
- Order Granting Request for Reconsideration, Granting Motion to Continue, and Vacating Scheduled First Day of Hearing OnlyOAH granted Student's reconsideration request and moved the hearing start by one day because Student's attorney had a conflicting court appearance, but kept the second hearing day despite Elk Grove's opposition.
- Order Granting Request for ReconsiderationOAH granted Visalia's reconsideration request and moved the hearing to April 8, 2015, because the district's spring break left key witnesses unavailable and Student could not attend April 7.
- Order Denying Request for Reconsideration; Denying Request for ClarificationOAH denied District's request to reconsider or clarify Student's placement issue because District offered no new facts or law, and the issue clearly covers the entire 2014-2015 school year.
- Order Granting Request to Reconsider District's Motion to Dismiss or Notice of InsufficiencyOAH granted District's reconsideration request and reopened Student's case, finding District's motion to dismiss was not moot because Parent's combined filing had been wrongly treated as dismissing Student's case.
- Order Denying Request for Reconsideration of Sanctions OrderOAH denied Student's attorney's request to reconsider a cost sanctions order against her because she offered no new facts, circumstances, or law, only expanded arguments she had already made.
2014
- Order Denying District's Motion for Clarification or ReconsiderationOAH denied District's motion to clarify or reconsider a final due process decision ordering an IEP meeting, because the decision was unambiguous and no law allows reconsideration of special education decisions.
- Order Reconsidering Consolidation Order and Denying ReconsiderationOAH agreed to reconsider consolidating Student's case with Sacramento's case because Horizon had no chance to respond over Thanksgiving, but kept the consolidation because overlapping witnesses and facts favor judicial economy.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of stay put because changing the requested placement is not a new fact, and Student never explained the switch to home/hospital instruction.
- Order Granting Request for Reconsideration and Request to Continue and Setting Prehearing Conference and Due Process HearingOAH granted Student's reconsideration and continuance, even though Student offered no truly new facts, because denying it would strip Student of IDEA procedural safeguards over counsel's and Parents' lack of diligence.
- Order Denying Request for Continuance; Denying Request for Reconsideration; Denying Request for Oral Argument; and, Denying Generic Opposition to Future MotionsOAH denied Parent's one-page requests for a continuance, more time to find an attorney, reconsideration of the stay put order, and oral argument because they gave no supporting facts.
- Order Granting Request for Reconsideration; Granting Request for Continuance and Setting Prehearing Conference and Hearing DatesOAH reconsidered its earlier denial and granted a continuance because Student's counsel had booked a family vacation over the hearing dates before the hearing was scheduled. Oakland did not oppose.
- Order Granting Request for Reconsideration; Setting Prehearing Conference and Hearing DatesOAH granted Student's reconsideration request and moved the hearing up from March 3 to February 17, 2015, because Student needed an earlier date due to placement issues and OAH could now accommodate February dates.
- Order Denying Student's Motion for Clarification and/or ReconsiderationOAH denied Student's post-decision motion for clarification or reconsideration because OAH loses jurisdiction once a final due process decision issues, leaving appeal to court as the only route.
- Order Granting Request for ReconsiderationOAH granted the parties' joint request to reconsider its denial of a continuance because new facts, the specific dates for the IEE and IEP meeting, showed exceptional good cause for a brief delay.
- Order Denying Request for ReconsiderationOAH denied Student's request for reconsideration because Student offered no new facts, circumstances, or law and did not actually challenge the order granting the peremptory challenge against ALJ Marson.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider its refusal to consolidate this case with a sibling's case because Student offered no new or different facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to bring the California Department of Education and the State Superintendent back into the case because Student offered no new facts, circumstances, or law, only a plan to hire counsel.
- Orders Denying Motion for Reconsideration, Motion to Continue Hearing, and Request for Oral ArgumentOAH denied Student's motions for reconsideration, a continuance, and oral argument. The amendment was barred because it was filed less than five days before hearing, and the continuance request showed no good cause.
- Order Denying Request for ReconsiderationOAH denied District's reconsideration request on consolidation and a third continuance because District showed no new facts on consolidation and did not explain why it failed to confirm essential witnesses earlier.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of stay put. Her new facts about graduation were legally irrelevant, and her new legal arguments were an improper appeal with no explanation for raising them late.
- Order Denying Request for ReconsiderationOAH denied Student's request to set aside the dismissal of her case because she showed no new facts, circumstances, or law and still sought only money damages, which OAH cannot award.
- Order Denying Motion for ReconsiderationOAH denied Student's request to reconsider a stay put order because Student offered no new facts, law, or changed circumstances. Arguments about Banneker and Avalon must wait for the due process hearing.
- Order Denying Motion for ReconsiderationOAH denied Student's request to reconsider the 2013 dismissal of the case because it came more than a year late, well past the 10-day deadline under Code of Civil Procedure section 1008.
- Order Granting Request for ReconsiderationOAH granted Student's request to reconsider an order partly dismissing Student's case, because Student's counsel had filed a notice of unavailability covering the time the dismissal motion was pending.
- Order Granting Request for Reconsideration and Denying Request to Advance MediationOAH reconsidered but again refused to move mediation earlier, because Oakland had not waived its resolution session and OAH cannot advance timelines for only one of two districts.
- Order Denying Student's Request for ReconsiderationOAH denied Student's reconsideration request because the misfaxed opposition, though now considered, did not plead facts showing Santa Barbara misrepresented resolving problems or withheld required information to extend the two-year statute of limitations.
- Order Denying Spencer Valley Elementary School District's Request for Reconsideration and Request for ClarificationOAH denied Spencer Valley's motions to reconsider and clarify the due process decision. Special education decisions are final when issued, and no special education law allows OAH to reconsider them.
- Order Granting Request for Reconsideration and Setting MediationOAH granted Sacramento City's reconsideration request and moved mediation to August 26, 2014, after the District produced emails showing the parties had waived the resolution session.
- Order Granting Request for Reconsideration and Clarifying Scheduling OrderOAH granted Santa Barbara's reconsideration request and vacated a duplicate order and scheduling order, because Student's amendment had already been granted at the August 4, 2014 prehearing conference.
- Order Denying Request for Reconsideration and Denying Request for ClarificationOAH denied Arcadia's request to reconsider or clarify its order denying consolidation because Arcadia offered no new facts, circumstances, or law, and the earlier order was clear.
- Order Denying Request for ReconsiderationOAH denied Student's request to reopen the prehearing conference and reset hearing dates because counsel missed the rescheduled conference and gave no credible reason for not raising her availability earlier.
- Order Denying Request for Reconsideration and Denying Request to Expedite HearingOAH denied Student's request to undo the consolidation of two cases against Lincoln, finding no new facts, and refused an expedited hearing because neither case raised disciplinary issues.
- Order Denying Request for Reconsideration and ClarificationOAH denied Capistrano's post-decision request for clarification as a disguised reconsideration motion, holding it lost jurisdiction once its final decision issued and the district raised no new facts or law.
- Order Denying Student's Request for ReconsiderationOAH denied Student's request to reconsider dismissing Orange Unified, finding the new enrollment document irrelevant to the statute-of-limitations ruling and the rest merely re-argued the same points.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the stay put denial because Student's new facts, including willingness to attend another school and long travel to Stein, were known earlier and not explained.
- Order Denying Request for Reconsideration; Granting Request for Continuance and Setting Mediation, Prehearing Conference and Due Process HearingOAH denied both parties' reconsideration requests because neither offered new facts. It granted Student's renewed continuance and said Newport-Mesa would face a sanctions order to show cause for claiming a scheduling conflict that no longer existed.
- Order Granting Request for Reconsideration, Granting Continuance and Setting Prehearing Conference and Due Process HearingOAH reconsidered its earlier denial and granted Pajaro's continuance because the district newly learned its school psychologist was medically unavailable, resetting the hearing to August 12, 2014.
- Order Granting Request for Reconsideration, Granting in Part Request for Continuance and Setting Prehearing Conference and Due Process HearingOAH granted Fullerton's reconsideration request based on new facts but allowed only a brief continuance to August 12, 2014, criticizing the late request and unsupported claim of a teacher's vacation.
- Order Denying Request for ReconsiderationOAH denied District's request to reconsider an order changing the hearing venue because District offered no new facts, circumstances, or law, only repeating arguments made at the prehearing conference.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a ruling that the complaint was insufficient as to Probation because Student offered no new facts, circumstances, or law, but gave Student 14 more days to amend.
- Order Denying Request for Reconsideration and in the Alternative, Motion for ContinuationOAH denied Student's request to reconsider the denial of a continuance and his renewed continuance motion, finding no new facts and noting the District could not be forced to mediate.
- Order Denying Request for Reconsideration and Motion to ContinueOAH denied Oakland's request to reconsider and further continue the August 2014 hearing because it offered no new facts and its summer staff and attorney scheduling claims did not show good cause.
- Order Denying Request for ReconsiderationOAH denied Student's request for reconsideration because the stay put motion had been withdrawn at Student's own request, there was no ruling on its merits, and Student offered no new facts or law.
- Order Granting Request for Reconsideration and Denying Request for Specific Hearing DateOAH reconsidered but refused to move the hearing to June 24, 2014, because the parties' joint waiver of the resolution session moved the decision timeline forward and the earlier dates must stand.
- Order Granting Request for Reconsideration and Denying Request to Advance Hearing DatesOAH reconsidered its continuance order but refused to move the hearing up to June, finding Desert Sands' arguments about summer witness availability and urgency unpersuasive.
- Order Granting Request for Reconsideration; Granting Request to Continue; and, Setting Prehearing Conference and Due Process HearingOAH granted Knightsen's reconsideration and continued the hearing one week because its counsel's sworn declaration detailing conflicting matters supplied the good cause missing from its first request.
- Order Denying Request for ReconsiderationOAH denied Charter School's request to reconsider its late notice of insufficiency because the 5:51 fax stamp was Greenwich Mean Time, meaning the complaint actually arrived at 9:51 a.m. Pacific time.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the dismissal of three issues because Student offered no new facts or law, and the 2013 settlement agreement's plain language waived those claims.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a continuance order that refused October 2014 hearing dates, because Student offered no new facts, circumstances, or law.
- Order Granting in Part and Denying in Part Bakersfield City School District's Motion for ReconsiderationOAH agreed Bakersfield's sufficiency challenge was timely because Student actually faxed the complaint a day later than the proof of service said, but still found the complaint sufficient on the merits.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order that only partly extended the deadline for closing briefs, because Student offered no new facts, circumstances, or law.
- Order Granting in Part and Denying in Part Julian Union School District's Request for ReconsiderationOAH agreed Julian's notice of insufficiency was timely because Student mailed the complaint to the district, but left unchanged its earlier finding that Student's complaint was sufficient.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the dismissal of the case for lack of standing. The motion was untimely and offered no new facts or law, only unauthenticated exhibits.
- Order Denying Request for ReconsiderationOAH denied the parties' joint request to reconsider its scheduling order. They offered no new facts or law, and agreed-upon dates do not override OAH's operational needs.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order that only partly granted a continuance, because Student offered no new facts, circumstances, or law and no sworn declaration.
- Order Denying Request for ReconsiderationOAH denied Parent's request to reconsider moving the hearing venue from Twin Rivers' office to OAH because Parent never served the motion on the District.
- Order Granting Request for Reconsideration, Granting in Part Request to Vacate April 16, 2014 Order, and Confirming Hearing DatesOAH reconsidered its prior order because District never received Parent's filings, restoring District's 30-day resolution session period but keeping the continuance and the August 5, 2014 hearing date.
- Order Granting Request for Reconsideration of Order Denying Motion to Change Mediation Venue and Changing Venue for MediationOAH granted Student's reconsideration request and moved the mediation to LAUSD's downtown headquarters. New facts showed Parent would already be near there taking Student to and from school that day.
- Order Denying Request for ReconsiderationOAH denied the parties' joint request to reconsider moving mediation to July 8, 2014. They showed no new facts or law, and OAH's calendar could not accommodate their requested May 13 date.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of stay put because Student's late filings offered no new evidence that James Marshall Elementary was Student's stay put placement.
- Order Granting District's Request for Reconsideration and Setting Telephonic Trial Setting ConferenceOAH granted District's reconsideration of an order continuing the hearing to June because OAH staff mistook District's acknowledgment of Parent's continuance request for consent, and set a trial setting conference.
- Order Denying Request for Reconsideration of District's Request for ContinuanceOAH denied District's request to reconsider the denial of its continuance, finding no new facts and calling the original request, based on its attorney's other mediations, frivolous.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order finding the complaint insufficient as to Charter, because the IDEA requires a sufficiency ruling within five days based only on the complaint's face.
- Order Granting Request for Reconsideration, Granting Continuance and Setting Mediation, Prehearing Conference and Due Process HearingOAH reconsidered its denial and granted a continuance because Student's critical expert was unavailable, but sharply criticized Student's counsel for hiding that reason and warned that further delays could bring cost-shifting.
- Order Granting Request for Reconsideration, Granting Request for Continuance and Setting Mediation, Prehearing Conference and Due Process HearingOAH granted joint reconsideration and continued the consolidated hearing to June 9, 2014, citing the parties' wish to mediate and a key Fountain Valley administrator's unavailability, while rejecting counsel's busy calendar as a reason.
- Order Granting Motion for Reconsideration and for Change of VenueOAH granted District's reconsideration and moved the hearing to El Camino Real School after District showed by declaration that its original venue became unavailable and it learned this only after the prehearing conference.
- Order Granting Motion for Reconsideration and Granting Limited ContinuanceOAH granted Student's reconsideration and a one-week continuance, rather than the month requested. New declarations showed lead counsel's illness, a rare board rejection of the settlement, and the expert's scheduling limits.
- Order Denying Request by Student to Resubmit Omitted Issue of the Prehearing StatementOAH denied Student's post-hearing request to add an IEP-meeting notice issue. It treated the request as reconsideration and found no new facts or law, an untimely filing, and prejudice to the District.
- Order Denying Request for ReconsiderationOAH denied District's second continuance request, treated as reconsideration, because District offered no new facts or law and did not explain why it had not raised its director's unavailability earlier.
- Order Granting Request for Reconsideration and Granting in Part and Denying in Part Request for Continuance and Order Setting Mediation, Prehearing Conference and Hearing DatesOAH granted reconsideration but only partly granted the joint third continuance, setting hearing for March 3, 2014, because the parties gave no specifics on outstanding assessments and this older case takes priority.
- Order Denying Request for ReconsiderationOAH denied District's request to substitute Kumon for a nonpublic agency as Student's compensatory education provider, because the decision was final and OAH lacked jurisdiction to change the remedy.
- Order Denying Student's Motion for ReconsiderationOAH denied Student's request to reconsider its denial of stay put for school administration of CBD. The doctor's declaration and caregiver agreements were not new, and there is no right to file a reply brief.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the dismissals of CAVA and District because Student offered no new facts, circumstances, or law, and the case stays closed.
- Order Denying Request for Reconsideration and Request to Vacate DecisionOAH denied Parent's request to vacate a final decision and reconsider a denied continuance, because OAH loses jurisdiction once a decision issues and Parent offered no new facts or law.
- Order Granting Request for ReconsiderationOAH granted Student's request to reconsider a continuance order because the order was issued before Student had enough time to respond to the County Office of Education's continuance request.
2013
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider consolidating Student's and Hemet Unified's cases because Student offered no new facts, circumstances, or law, and both cases concern the same preschool placement IEP.
- Order Granting/Denying Request for ReconsiderationOAH issued a reconsideration order in the consolidated Hemet Unified matters, but the filed text is an unfilled template that does not state who asked, what was challenged, or the outcome.
- Order Re: Request for ReconsiderationOAH found Student's request for reconsideration of a prehearing conference order granting the District's continuance moot because the parties reached a settlement pending school board approval.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order continuing the initial hearing dates because Student offered no new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied District's request to reconsider a stay put order because Student faxed the papers to District's Office of General Counsel, which was proper service and not a new fact.
- Order Granting Request for Reconsideration; Order Granting Motion to AmendOAH granted Student's reconsideration request and allowed an amended complaint after counsel's declaration explained that the filing delay came from difficulty scheduling mediation, but rejected the argument that party agreement alone permits amendment.
- Order Denying District's Motion to Reconsider the October 18, 2013 OrderOAH denied the District's motion to reconsider a stay put clarification order splitting behavior services between school and home, because the District offered no new or different facts.
- Order Denying Request for ReconsiderationOAH denied the parties' joint request to reconsider its denial of a second continuance because the supposed new fact, an August 2013 interim agreement, had already been considered.
- Order Denying Request for ReconsiderationOAH denied the District's request to keep its original expedited hearing dates. The District never served Father, who holds educational rights, and offered no new facts or law justifying reconsideration.
- Order Granting Request for Reconsideration of Partial Grant of Second Request for Continuance and Setting Prehearing Conference and Due Process HearingOAH granted Student's request to reconsider a partial denial of a second continuance, resetting the hearing to November 12, 2013, because the family's out-of-country travel was good cause.
- Order of Determination of Sufficiency of Due Process Complaint; and Order Dismissing IssuesOAH dismissed with prejudice 20 issues Student copied word for word from a 2011 case, treating them as an untimely reconsideration request, and found 13 new issues insufficiently pled.
- Order Denying Request for Reconsideration and Extending Time to File an Amended ComplaintOAH denied Student's request to reconsider the finding that the complaint was insufficient because Student only restated the original allegations, but gave Student more time to file an amended complaint.
- Order Denying Motion for Reconsideration and Denying Motion to Consolidate CasesOAH denied Student's request to reconsider the denial of a second amended complaint because no new facts or law were shown. It also refused to consolidate Student's new case against Live Oak, finding the issues were different.
- Order Denying Motion for ReconsiderationOAH denied Student's request to reconsider the dismissal of Monterey County Office of Education because Student repeated the same arguments and cases instead of offering new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied CDE's request to reconsider the ruling keeping it in the case. A different ALJ's arguably inconsistent ruling in another case is not a new fact or new law justifying reconsideration.
- Order Granting the District's Request for Reconsideration of Issues Deemed Part of Student's Amended ComplaintOAH granted the District's unopposed reconsideration request. It found Student had withdrawn her July 22 amended complaint, so only the July 25 child find issue remains for hearing.
- Order Granting Request for Reconsideration and Denying Student's Request to Add the California Department of Education as a PartyOAH granted CDE's reconsideration motion and removed CDE as a party, because the statute giving the state power over the District's agreements names the State Superintendent of Public Instruction, not CDE.
- Order Denying Reconsideration and Motion to DismissOAH denied the county office's second try to dismiss. It offered no new facts on whether it was responsible for Student's FAPE, and Student's settlement with Redlands did not release the county office, which was not a party.
- Order Denying Request for ReconsiderationOAH denied Student's reconsideration request because Student did not actually seek to change the continuance order, and all documents sent to OAH are already kept in the official record.
- Order Regarding Request for Reconsideration of Denial of MediationOAH vacated an August 13, 2013 mediation it had briefly set at Student's request, because the request was not joint and District opposed mediation.
- Order Denying Request to Vacate and Denying Request for ReconsiderationOAH denied Student's motion to vacate and reconsider its refusal to consolidate the District special education case with a Regional Center case, because Student offered no new facts, circumstances, or law.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the order finding his amended complaint insufficient because Student offered no new facts, circumstances, or law, only disagreement with the ruling.
- Order Denying Motion for ReconsiderationOAH denied District's reconsideration of an earlier continuance denial because District still did not explain its 15-day delay in seeking Superior Court process to compel a witness.
- Order Denying Request for Clarification and Denying Request for ReconsiderationOAH denied Student's post-decision requests to clarify the prevailing-party language and reconsider remedies, because the wording was not ambiguous and special education decisions are final with no reconsideration available.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order finding most complaint issues insufficient, because a complaint must be sufficient on its face and an opposition to the insufficiency notice cannot fix it.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider its refusal to provide CART transcription for the special education advocate, finding no new facts, circumstances, or law that changed her role as assistant to Student's attorney.
- Order Granting Request for Reconsideration and Request to Advance Hearing, and Setting Prehearing Conference and Due Process HearingOAH granted Student's request to reconsider an earlier continuance and moved the hearing up to August 6, 2013. The reason for the delay had ended, and Student would otherwise miss community college classes.
- Order Granting Request for Reconsideration and Confirming Order Granting District Extension of Time to Respond to Stay Put MotionOAH reconsidered, then confirmed, its order giving District extra time to oppose Student's stay put motion, because District acted promptly and Student suffered no prejudice before any stay put ruling.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the order finding the due process complaint insufficient because Student offered no new facts, circumstances, or law.
- Order Denying Districts' Request for ReconsiderationOAH denied the Districts' request to move the August 2013 hearing into September because they offered no new facts, and summer break and back-to-school inconvenience were already known.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the stay put denial. The request came over 90 days late, lacked a required affidavit and good-cause declaration, and raised no new facts or law.
- Order Granting Motion for Reconsideration and Granting Further Continuance of Prehearing Conference and Due Process HearingOAH granted Student's contested motion to reconsider an earlier continuance order and moved the hearing to September 2013, because Student's attorney needed knee surgery and Student's expert would not be ready.
- Order Denying Request for Reconsideration Without PrejudiceOAH denied Student's request to reconsider the denial of a continuance because Parents offered no medical documentation showing Student's seizures kept them from prosecuting the case, but allowed renewal at hearing.
- Order Granting Request for ReconsiderationOAH granted Student's reconsideration request and rescinded any prehearing conference directive requiring Student's attorney to try the case, leaving representation questions to the newly assigned hearing ALJ.
- Order Granting Downey Unified School District's Motion for ReconsiderationOAH granted Downey's reconsideration motion because its earlier denial of Downey's unserved dismissal motion never reached the merits, allowing Downey to file and properly serve a new motion to dismiss.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider its refusal to stay School Attendance Review Board proceedings, finding no new facts or law and that OAH need not wait for reply briefs.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider an order letting the District amend its complaint, because Student offered no new facts or law and had filed a motion to dismiss, not an opposition.
- Order Granting Request for ReconsiderationOAH granted Student's reconsideration request, finding the notice of insufficiency timely because Student never agreed to accept fax service, so the 15-day clock ran from the March 4 mail delivery.
- Order Denying Request for ReconsiderationOAH denied California Children's Services' request to reconsider dismissing the school district and county office, because CCS only repeated rejected arguments, and warned CCS that more repetition could bring sanctions.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a ruling that District's complaint was sufficient, because Student offered no new facts or law and the sufficiency standard is the same for districts and students.
- Order Denying Request for Reconsideration; Granting Request for Continuance; Setting Mediation, Prehearing Conference and Due Process Hearing; and Setting Page Limits on Future FilingsOAH refused to separate the consolidated cases because Student showed no new facts or law and waited 40 days. It granted Student's continuance and capped both parties' filings at 30 pages.
- Order Denying Motion for ReconsiderationOAH denied Student's motion to reconsider how the prehearing conference order framed the hearing issues because the argument was unclear and offered no new facts, law, or sworn declaration.
- Order Denying Request for ReconsiderationOAH denied District's request to reconsider its failed motion to dismiss over Student's age and Parents' standing, because District offered only more evidence on the same issue, not new facts or law.
- Order Denying Request for ReconsiderationOAH denied CCS's request to issue a new subpoena for Student's records before hearing, treating it as reconsideration and finding no new facts or law because the IDEA allows no prehearing discovery.
- Order Denying Request for ReconsiderationOAH denied District's request to reconsider the denial of its peremptory challenge to ALJ Rebecca Freie because District offered no new material facts, circumstances, or law.
- Order Reconsidering Prior Order on Peremptory Challenge and Denying District's Peremptory ChallengeOAH reversed itself on its own motion and denied District's peremptory challenge as untimely, because District learned of the ALJ reassignment that morning but filed after the noon Friday deadline.
- Order Granting Request for Reconsideration, Granting Request to Continue, and Setting Prehearing Conference and Due Process HearingOAH granted Student's reconsideration and a further continuance over District and County opposition. Student could not find available counsel despite many efforts, and the District's new, consolidated case made the litigation more complex.