California OAH special education order · August 4, 2016
Order Granting Motion to Amend Complaint
OAH Case No. 2016040427 · ALJ Paul H. Kamoroff
OAH granted Student's second motion to amend the due process complaint over District's opposition because the request came more than five days before hearing, and reset all timelines.
This case went to decision
Student v. Lake Elsinore Unified School District: Lake Elsinore Unified prevails on all claims; it did not have to write behavior or transition plans for a privately placed student. (2016)
Summary
Student asked to amend the due process complaint a second time, after OAH had already allowed one amendment. District opposed and argued that several issues in the new complaint should be dismissed. OAH granted the motion because federal law lets a judge allow an amendment any time more than five days before the hearing. The amended complaint is deemed filed on the order date, all timelines restart, and District may still file a separate motion to dismiss specific issues.
Why it matters
Families can usually get permission to amend a complaint, even more than once and over the district's objection, as long as they ask more than five days before hearing. But amending restarts all hearing timelines, and arguments that issues should be dismissed belong in a separate motion to dismiss, not in an opposition to amendment.
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 Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016040427 v. ORDER GRANTING MOTION TO
AMEND COMPLAINT
LAKE ELSINORE UNIFIED SCHOOL
DISTRICT.
On April 4, 2016, Parents on behalf of Student filed a Due Process Hearing Request with the Office of Administrative Hearings, naming Lake Elsinore Unified School District.
On May 20, 2016, OAH granted Student’s first Motion to Amend the Due Process Hearing Request. On July 26, 2016, Student filed a second Motion to Amend the Due Process Hearing Request. District filed an opposition on July 28, 2016.
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.1 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: August 4, 2016
PAUL H KAMOROFF
Administrative Law Judge Office of Administrative Hearings In its opposition, District argues that several issues in Student’s second amended complaint should be dismissed on various grounds. District is not estopped from filing a motion to dismiss issues.