California OAH special education order · February 21, 2014
Order Declaring Berkeley Unified School District's Notice of Insufficiency to the Original Complaint to Be Moot
OAH Case No. 2014011067 · ALJ Clifford H. Woosley
OAH declared Berkeley USD's notice of insufficiency moot because Student's amended complaint replaced the original complaint, and barred further amendments until both districts' time to challenge it passed.
Summary
Student filed a due process complaint against Berkeley USD and Emery USD and later filed an amended complaint. OAH had already found the original complaint insufficient as to Emery USD and deemed the amended complaint filed, which restarted the timelines. Because the amended complaint is now the operative pleading, OAH ruled that Berkeley USD's notice of insufficiency against the original complaint was moot. Both districts may challenge the amended complaint, and Student may not seek to amend again until the time for those challenges has passed.
Why it matters
Once an amended complaint is accepted, challenges to the original complaint no longer matter, and districts get a new chance to challenge the amended version. OAH may also stop a parent from amending again until the districts' challenge period ends.
Key authority cited
- Ed. Code § 56502
- 20 U.S.C. § 1415(b)(7)(A)
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. 2014011067
v. ORDER DECLARING BERKELEY
UNIFIED SCHOOL DISTRICT’S
BERKELEY UNIFIED SCHOOL NOTICE OF INSUFFICIENCY TO THE
DISTRICT AND EMERY UNIFIED ORIGINAL COMPLAINT TO BE
SCHOOL DISTRICT. MOOT
On January 30, 2014, Parent on behalf of Student (Student) filed a due process hearing request 1 (original complaint), with the Office of Administrative Hearings (OAH), naming the Berkeley Unified School District (Berkeley USD) and the Emery Unified School District (Emery USD). On February 12, 2014, Emery USD filed a notice of insufficiency (NOI) as to Student’s original complaint. On February 13, 2014, Student filed an amended due process hearing request (amended complaint).
By Order dated February 18, 2014, the original complaint was determined to be insufficiently pled as to Emery USD, and leave to amend was granted. By Order dated February 19, 2014, Student’s amended complaint was deemed filed in response to the February 18, 2014 order, and the statutory timelines were restarted.
Student’s amended complaint is the operative pleading in this matter, rendering Berkeley USD’s NOI moot. Both named school districts have an opportunity to file NOI motions as to the amended complaint, and Student shall not file any further motions to amend the complaint until the time for both named school districts to file NOI’s has passed.
IT IS SO ORDERED
DATE: February 21, 2014 /s/
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings 1 A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under Title 20 United States Code section 1415(b)(7)(A).