California OAH special education order · February 17, 2017
Order Granting Motion to Amend Complaint
OAH Case No. 2016100887 · ALJ Laurie Gorsline
OAH granted Student's motion to amend over District's opposition because it was filed more than five days before the hearing, and reset all timelines as of the order date.
This case went to decision
Student v. Bellflower Unified School District: Bellflower Unified denied FAPE to a learning-disabled English learner; ALJ orders IEEs, 185 compensatory hours, Spanish IEP translations and staff training. (2017)
Summary
Student moved to amend the due process complaint about two weeks before the February 28, 2017 hearing. The amended complaint added new claims, including claims about the same IEP team meetings already at issue. District opposed. OAH found the motion timely under federal law, which lets a hearing officer allow an amendment any time more than five days before the hearing, and granted it. The amended complaint was deemed filed on the order date, all timelines were reset, and OAH said it would issue a new scheduling order.
Why it matters
Parents can add new claims to a pending case, even over district objection, as long as they ask more than five days before the hearing. Amending restarts the hearing timelines, which will delay the hearing date.
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. 2016100887 v. ORDER GRANTING MOTION TO
AMEND COMPLAINT
BELLFLOWER UNIFIED SCHOOL
DISTRICT.
On October 13, 2016, Student filed a Due Process Hearing Request (complaint) with the Office of Administrative Hearings, naming District. On February 14, 2017, Student filed a Motion to Amend the Due Process Hearing Request (amended complaint). District filed an opposition to the Motion to Amend on February 16, 2017.
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 amended complaint adds new claims not in Student’s complaint, including claims regarding the same individualized education program team meetings at issue in the complaint. The hearing is currently scheduled for February 28, 2017. 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 17, 2017
LAURIE GORSLINE
Administrative Law Judge Office of Administrative Hearings