California OAH special education order · May 19, 2014

Order Granting Motion to Amend Complaint

OAH Case No. 2014020175 · ALJ Peter Paul Castillo

OAH let Student amend the complaint over District's opposition, even close to the hearing date, because a new IEP offer made on May 13, 2014 needed to be decided in the same hearing.

Granted Amending the complaint

This case went to decision

Student v. Ross Valley School District: Ross Valley must pay $45,380 for a year at STAR Academy because its 2013 IEP lacked behavior and counseling supports. (2014)

Summary

Student asked to amend the due process complaint on May 13, 2014, six days before the May 19 hearing, and District opposed the request. OAH granted the motion as timely, since it was filed more than five days before the hearing. The ALJ was concerned about how close the request came to the hearing date. But District's IEP team meeting and new IEP offer on May 13 made the amendment necessary so that claims about that IEP could be heard in one hearing. The amended complaint was deemed filed on the date of the order, and all timelines were reset.

Why it matters

When a district makes a new IEP offer while a due process case is pending, parents can usually add claims about that offer by amending, as long as they ask more than five days before hearing. Amending does restart all the hearing timelines.

Key authority cited

20 U.S.C. § 1415(c)(2)(E)(i)
20 U.S.C. § 1415(c)(2)(E)(ii)

Topics

amended complaint timelines reset new iep offer hearing schedule opposed motion

Order details

OAH case number: 2014020175
Order date: May 19, 2014
Order type: Amending the complaint
Ruling: Granted
Administrative law judge: Peter Paul Castillo
Moving party: Student
Case filed by: Student
Education agency: Ross Valley School District
Student's counsel: Not stated
District's counsel: Not stated
Official order: OAH PDF

Orders in this case

March 24, 2014: Continuance granted for unavailable witness; PHC reset to May 9, hearing to May 19–22, 2014. (PDF)
May 9, 2014: PHC order sets May 19–22, 2014 hearing on 2013-2014 FAPE; Mother may testify by phone. (PDF)
May 16, 2014: Order Granting Request for Continuance and Setting Further Prehearing Conference and Due Process Hea
May 19, 2014: Order Granting Motion to Amend Complaint
June 19, 2014: Order Granting Request for Continuance and Setting Prehearing Conference and Due Process Hearing
August 22, 2014: Prehearing order sets September 2014 hearing, frames issues, and allows Mother's telephonic testimony and accommodations. (PDF)
Decision (2014-11-07)

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. 2014020175 v. ORDER GRANTING MOTION TO

AMEND COMPLAINT

ROSS VALLEY SCHOOL DISTRICT.

On February 4, 2014, Student filed a Due Process Hearing Request (complaint) with the Office of Administrative Hearings, naming Ross Valley School District. On May 13, 2014, Student filed a Motion to Amend the Due Process Hearing Request (amended complaint). On May 15, 2014, District filed an opposition. On May 16, 2014, Student filed a reply brief.

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).) The filing of an amended complaint restarts the applicable timelines for the due process hearing. (20 U.S.C. § 1415(c)(2)(E)(ii).)

The motion to amend is timely and is granted. While the closeness of Student’s request to then hearing date of May 19, 2014, is concerning, the scheduling of the individualized education program team meeting for May 13, 2014, and District’s IEP offer on that date, necessitated the filing of the amended complaint to include allegations as to that IEP that should be heard in one hearing. Therefore, the amended complaint shall be deemed filed on the date of this order. All applicable timelines shall be reset as of the date of this order. OAH will issue a scheduling order with the new dates.