California OAH special education order · January 19, 2016
Order Granting Motion to Amend Complaint and Granting Consolidation
OAH Case No. 2015050430, 2016010309 · ALJ Alexa J. Hohensee
OAH granted a joint motion letting Student file a second amended complaint and consolidating it with District's case, because both turn on District's November 2015 assessments and eligibility.
This case went to decision
Student v. Newport-Mesa Unified School District (consolidated): Newport-Mesa Unified wrongly denied a student with ADHD eligibility and must reimburse $5,196.07 and provide therapy; its assessments were upheld. (2016)
Summary
Student and District jointly asked OAH for two things. First, they asked to let Student file a second amended complaint adding 2015-2016 child find and FAPE claims, including inappropriate assessments. Second, they asked to consolidate Student's case with District's case about its November 2015 multidisciplinary assessment. OAH granted the amendment because the new allegations relate to issues already pleaded and District consented, but warned that no further amendments are contemplated given the case's age. OAH also consolidated the cases because both raise whether Student should have been found eligible and whether the assessments were appropriate, so the same witnesses and evidence would be used. All dates were vacated and timelines reset from the date of the order.
Why it matters
Parties can agree to amend and consolidate so that related assessment and eligibility disputes are heard together, but filing an amended complaint restarts all timelines. In older cases, OAH may signal it will not allow more amendments.
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2015050430 (Primary)
v.
NEWPORT-MESA UNIFIED SCHOOL
DISTRICT.
NEWPORT-MESA UNIFIED SCHOOL OAH Case No. 2016010309 (Secondary)
DISTRICT,
ORDER GRANTING MOTION TO
v. AMEND COMPLAINT AND
GRANTING CONSOLIDATION
PARENT ON BEHALF OF STUDENT.
On April 30, 2015, Student filed a due process hearing request (complaint) with the Office of Administrative Hearings, naming Newport-Mesa Unified School District (Student’s Case). On August 31, 2015, Student filed an amended complaint pursuant to an order granting leave to amend. On January 11, 2016, District filed a complaint (District’s Case)
naming Student regarding a multidisciplinary assessment completed in November 2015.
Also on January 11, 2016, Student and District timely filed a joint motion and stipulation to amend Student’s Case and District’s Case. Student seeks leave to file a second amended complaint to allege substantive and procedural violations of District’s obligations to child find and offer a free appropriate public education, including inappropriate assessments, in the 2015-2016 school year.
Motion for Leave to Amend 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).)
Student’s case was filed 8 months ago, but the allegations of the proposed second amended complaint reflect actions taken by District with regard to the issues already presented in the current pleadings, and are not to wholly new allegations. Those actions are both relevant to the currently alleged issues, and the basis of related alleged procedural and substantive violations of Student’s right to a free appropriate public education. The motion to file a second amended complaint is consented to by District, and is granted. However, in light of the age of Student’s case, no further amendments are contemplated.
Motion to Consolidate Here, the Student’s Case and the District’s Case involve common questions of law or fact, specifically, whether Student should have been found eligible for special education and related services pursuant to the November 2015 assessments by District, and whether those assessments were appropriate. Consolidation furthers the interest of judicial economy because the same witnesses and evidence will be presented in both cases. Consolidation will avoid the duplication of time, expense and resources involved in having these matters proceed to hearing separately. Accordingly, consolidation is granted.
ORDER
1. The parties’ joint motion to allow Student leave to file a second amended
complaint is granted.
2. The parties’ joint motion to consolidate Student’s Case (Case No. 2015050430)
and District’s Case (Case No. 2016010309) is granted.
3. Student’s second 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.
4. All currently scheduled dates in Student’s Case and District’s case are vacated.
5. The 45-day timeline for issuance of the decision in the consolidated cases shall be
based on the date of the filing of Student’s second amended complaint in Case No.
2015050430 .
DATE: January 19, 2016
/S/
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings