California OAH special education order · February 4, 2015
Order Granting Motion to Amend Complaint
OAH Case No. 2015010664, 2014120778 · ALJ Margaret Broussard
OAH granted Student's motion to amend over San Francisco's untimeliness objection, because consolidation vacated the February 5 hearing date and the motion came more than five days before the new hearing.
This case went to decision
Student v. San Francisco Unified School District: San Francisco Unified must train Flynn staff on child find after serving a student under a 504 plan instead of an IEP. (2015)
Summary
Student moved to amend the due process complaint on January 29, 2015. San Francisco opposed, arguing the motion was untimely because hearing was set for February 5, 2015. That same day, the case was consolidated with San Francisco's case and the hearing was moved to February 17, 2015. OAH found the motion timely under the IDEA's rule allowing amendment with ALJ permission more than five days before hearing, deemed the amended complaint filed as of the order date, and reset all timelines.
Why it matters
A timeliness objection to a motion to amend can fail when the hearing date changes, such as after consolidation. Granting an amendment restarts all due process timelines, which can push back the hearing.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(E)(i)
- 20 U.S.C. § 1415(c)(2)(E)(ii)
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 Consolidated Matters of:
SAN FRANCISCO UNIFIED SCHOOL OAH Case No. 2015010664
DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2014120778 v.
SAN FRANCISCO UNIFIED SCHOOL ORDER GRANTING MOTION TO
DISTRICT. AMEND COMPLAINT
On December 22, 2014, Student filed a due process hearing request naming San Francisco Unified School District, in Office of Administrative Hearings case number
2014120778. On January 29, 2015, Student filed a motion to amend the due process hearing
request (amended complaint). San Francisco filed an opposition to the motion to amend on February 2, 2015, alleging that the motion to amend was not timely because the hearing was scheduled to begin on February 5, 2015. Later on February 2, 2015, Student’s case was consolidated with OAH case number 2015010664, the February 5, 2015 hearing date was vacated, and the consolidated matters were scheduled to begin hearing on February 17, 2015.
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. 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.
IT IS SO ORDERED.
DATE: February 4, 2015
/ S/
MARGARET BROUSSARD
Administrative Law Judge Office of Administrative Hearings