California OAH special education order · April 13, 2013
Order Denying Motion to Amend Complaint and Reassigning Matter
OAH Case No. 2013010236 · ALJ Bob N. Varma
OAH denied Student's motion to amend the due process complaint as untimely because it was filed within five days of the scheduled hearing date, and the hearing will go forward as set.
This case went to decision
Student v. New Haven Unified School District: New Haven Unified prevails on all claims involving interpreters for a deaf parent, waived assessments, and IEP goals. (2013)
Summary
Student filed an amended complaint, which OAH treated as a motion to amend, along with a supporting declaration. District opposed the motion, moved to strike the declaration, and separately moved for sanctions. OAH denied the amendment because federal law allows a hearing officer to permit an amendment only more than five days before the due process hearing, and the hearing was set to start within five days. The matter was reassigned to ALJ Theresa Ravandi, with the hearing starting April 16, 2013, and the motion to strike and sanctions motion deferred to the start of the hearing.
Why it matters
Families who want to add claims must ask for leave to amend more than five days before the hearing. A last-minute amendment will be denied outright, so new claims may need a separate complaint.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(E)(i)
- 20 U.S.C. § 1415(c)(2)(E)(ii)
People named in the order
- Theresa Ravandi, Administrative Law Judge (matter reassigned to)
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013010236
v. ORDER DENYING MOTION TO
AMEND COMPLAINT AND
NEW HAVEN UNIFIED SCHOOL REASSIGNING MATTER
DISTRICT.
On January 8, 2013, Nicole Hodge Amey, Attorney at Law, representing Parent and Student (Student), filed with the Office of Administrative Hearings (OAH) a Due Process Hearing Request (complaint) naming the New Haven Unified School District (District). On April 11, 2013, Student filed an amended complaint which OAH deems to be a motion to amend the complaint. 1 During the afternoon of April 11, 2013, Student filed a declaration in support of his motion to amend. On April 12, 2013, Laurie E. Reynolds, Attorney at Law, representing the District, filed an Opposition to Student’s Motion to Amend along with a Motion to Strike Declaration. 2
APPLICABLE LAW AND DISCUSSION
An amended complaint may be filed when either (a) the other party consents in writing and is given the opportunity to resolve the complaint through a resolution session, or (b) the hearing officer grants permission, provided the hearing officer may grant such permission at any time more than five (5) days prior to the due process hearing. (20 U.S.C.
§1415(c)(2)(E)(i).) 3 The filing of an amended complaint restarts the applicable timelines for the due process hearing. (20 U.S.C. §1415(c)(2)(E)(ii).)
1 Student’s amended complaint was received after 5:00 p.m. on April 10, 2011, and therefore is deemed filed as of April 11, 2013.
2 The District’s Motion to Strike Declaration will be addressed at the start of the hearing. The District also filed a separate Motion for Sanctions on April 12, 2013. This motion will also be addressed during the hearing.
3 All statutory citations are to title 20 of the United States Code unless otherwise indicated.
The motion to amend the complaint is not timely because the due process hearing date is set within five days from the date the motion to amend was filed with OAH. Therefore, Student’s motion to amend is denied.
ORDER
1. Student’s Motion to Amend Complaint is denied as untimely.
2. The due process hearing shall commence as previously scheduled on April 16,
2013, at 9:30 a.m. This matter is reassigned to Administrative Law Judge Theresa Ravandi. Due to a scheduling conflict, the hearing will be dark on April 18, 2013, and resume on April 24, 2013, at 9:30 a.m. 4 Dated: April 13, 2013 /s/
BOB N. VARMA
Presiding Administrative Law Judge Office of Administrative Hearings 4 The parties shall be prepared to address any scheduling issues at the commencement of the hearing.