California OAH special education order · March 10, 2017
Order Granting Motion to Amend Complaint
OAH Case No. 2016110472 · ALJ Judith Pasewark
OAH granted Student's timely motion to amend the complaint but reset all hearing timelines rather than keep the March 21–23, 2017 dates, because federal law restarts timelines when an amended complaint is filed.
This case went to decision
Student v. Irvine Unified School District: Irvine Unified must reimburse $108,940 for a Texas residential placement over unaddressed behaviors, sleeping, transportation and occupational therapy. (2017)
Summary
Student moved to amend the due process complaint against Irvine Unified and asked to keep the hearing set for March 21 through 23, 2017. District consented to the amendment but opposed keeping those dates and asked that the timelines be reset under the statute. OAH granted the amendment as timely and deemed the amended complaint filed on the date of the order. Because filing an amended complaint restarts the timelines under 20 U.S.C. § 1415(c)(2)(E)(ii), OAH reset all timelines and said it would issue a new scheduling order.
Why it matters
Amending a complaint close to hearing restarts the resolution and hearing timelines, so the existing hearing dates will likely be lost even if the district agrees to the amendment. Families should weigh that delay before amending late in the case.
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. 2016110472 v. ORDER GRANTING MOTION TO
AMEND COMPLAINT
IRVINE UNIFIED SCHOOL DISTRICT.
On November 14, 2016, Student filed a Due Process Hearing Request (complaint)
with the Office of Administrative Hearings, naming Irvine Unified School District. On March 9, 2017, Student filed a Motion to Amend the Due Process Hearing Request (amended complaint), and requested the existing due process hearing dates of March 21 through 23, 2017 remain as currently scheduled. District filed a reply on March 9, 2017, consenting to the motion to amend the complaint, but opposing the request to maintain the March 21 through 23, 2017 hearing dates. Instead, District requested that the applicable timeline for due process hearing be reset pursuant to statute. (20 U.S.C. § 1415(c)(2)(E)(ii).)
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: March 10, 2017
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings