California OAH special education order · May 14, 2014
Order Granting Motion to Amend Complaint, Deeming District's Motion to Dismiss Moot, and Ordering Parties to Participate in Mandatory Early Resolution Session
OAH Case No. 2014041135 · ALJ Adrienne L. Krikorian
OAH granted Student's unopposed motion to amend and found District's motion to dismiss for missing a resolution session moot, because amending resets all timelines. OAH ordered the parties to hold a resolution session within 30 days.
This case went to decision
Student v. Oakland Unified School District: Oakland Unified must provide 32 hours of compensatory instruction for missed placement and summer days; transportation claim denied. (2014)
Summary
Student asked to amend the complaint to clarify and expand one issue, and District did not respond. District separately moved to dismiss because Parent had not taken part in the mandatory resolution session. OAH granted the amendment, which resets all timelines, including the 30-day resolution period, so it found the motion to dismiss moot. OAH rejected Parent's argument that not requesting mediation excused attendance, explaining that mediation is voluntary but the resolution session is mandatory. Parent must take part within 30 days unless both sides waive in writing, or District may refile its motion.
Why it matters
Parents cannot skip the IDEA resolution session because they did not ask for mediation. The session is required unless both sides waive it in writing, and refusing to attend can get a complaint dismissed.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(E)
- 20 U.S.C. § 1415(f)(1)(B)(i)(I)
- 34 C.F.R. § 300.510(a)
- 34 C.F.R. § 300.510(b)(3)
- 34 C.F.R. § 300.510(b)(4)
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: OAH CASE NO. 2014041135
PARENT ON BEHALF OF STUDENT, ORDER GRANTING MOTION TO
AMEND COMPLAINT, DEEMING
v. DISTRICT’S MOTION TO DISMISS
MOOT, AND ORDERING PARTIES TO
OAKLAND UNIFIED SCHOOL PARTICIPATE IN MANDATORY
DISTRICT. EARLY RESOLUTION SESSION
On April 24, 2014, Parent on Student’s behalf filed a Due Process Hearing Request (complaint), naming Oakland Unified School District. On May 8, 2014, Student filed a request to amend the issues in the original complaint by clarifying and extending the scope of one of two issues. District did not respond to Student’s motion to amend. However, on May 13, 2014, District filed a motion to dismiss on the ground that Parents failed to participate in a mandatory early resolution session. As discussed below, Student’s motion to amend is granted, and therefore District’s motion to dismiss is moot for purposes of the original complaint.
APPLICABLE LAW
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).) 1 The filing of an amended complaint restarts the applicable timelines for the due process hearing. (20 U.S.C. §1415(c)(2)(E)(ii).)
A local educational agency (LEA) is required to convene a meeting with the parents and the relevant members of the Individualized Education Program (IEP) team within 15 days of receiving notice of the Student’s complaint. (20 U.S.C. § 1415(f)(1)(B)(i)(I); 34 C.F.R. § 300.510(a)(1) (2006).) The resolution session need not be held if it is waived by both parties in writing or the parties agree to use mediation. (34 C.F.R. § 300.510(a)(3).) If the parents do not participate in the resolution session, and it has not been otherwise waived by the parties, a due process hearing shall not take place until a resolution session is held.
(34 C.F.R. § 300.510(b)(3).) If the LEA is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented, the LEA 1 All statutory citations are to Title 20 United States Code unless otherwise indicated.
may, at the conclusion of the 30-day period, request that a hearing officer dismiss the complaint. (34 C.F.R. §300.510(b)(4).)
DISCUSSION
The motion to amend, which Parent intended to clarify and supplement the original complaint, is timely and is granted. The complaint shall consist of the original complaint, as amended by Issue Two in Student’s Motion to Amend Issues. All applicable timelines shall be reset as of the date of this order. OAH will issue a scheduling order with the new dates.
District’s motion to dismiss the complaint because of Parent’s failure to participate in a mandatory early resolution session is moot because all timelines in this matter will be reset, including the 30-day resolution period. Parent contends in its opposition to District’s motion to dismiss that Parent did not request mediation and was therefore not obligated to participate in mediation. However, mediation, which is voluntary, is different from the mandatory resolution session required under the IDEA. Accordingly, as noted above, Parent must participate in a resolution session within 30 days of the date of this order, unless the resolution session is waived in writing by both parties. If Parent refuses or fails to participate, District may refile its motion to dismiss.
ORDER
1. Student’s motion to amend is granted and the amended complaint is deemed
filed on the date of this order.
2. All timelines shall be reset as of the date of this order and OAH will issue a
new scheduling order consistent with those timelines.
3. District’s motion to dismiss is moot.
4. The parties shall participate in a resolution session within 30 days of the date
of this order unless both parties waive the resolution session in writing.
DATE: May 14, 2014
/S/
ADRIENNE L. KRIKORIAN
Administrative Law Judge Office of Administrative Hearings