California OAH special education order · November 6, 2017
Order Granting Motion to Amend Complaint and Denying Motion to Quash Subpoena Duces Tecum
OAH Case No. 2017061033 · ALJ Rita Defilippis
OAH granted Student's unopposed motion to amend and denied Student's motion to quash Antioch's subpoena as moot, because the amended complaint made the subpoena no longer valid.
This case went to decision
Student v. Antioch Unified School District: Antioch Unified wins child find case; pre-June 2015 claims time-barred and summer break delayed assessment deadline. (2018)
Summary
Student moved to amend the due process complaint, and Antioch did not oppose. OAH granted the amendment as timely, deemed the amended complaint filed on the date of the order, and reset all timelines. Student had also moved to quash Antioch's subpoena duces tecum, and Antioch opposed. OAH denied that motion as moot because the amended complaint made Antioch's subpoena no longer valid.
Why it matters
Filing an amended complaint restarts the hearing timelines. Under this order it also voids subpoenas issued under the original complaint, so a party that still wants those records must serve a new subpoena.
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. 2017061033 v. ORDER GRANTING MOTION TO
AMEND COMPLAINT AND
ANTIOCH UNIFIED SCHOOL DISTRICT. DENYING MOTION TO QUASH
SUBPOENA DUCES TECUM
On June 22, 2017, Student filed a Due Process Hearing Request (complaint) with the Office of Administrative Hearings, naming Antioch Unified School District. On November 1, 2017, Student filed a Motion to Amend the Due Process Hearing Request (amended complaint). No opposition was received from Antioch.
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.
On October 30, 2017, Student filed a Motion to Quash Antioch’s Subpoena Duces Tecum. On October 3, 2017, Antioch filed an opposition to Student’s Motion to Quash.
Student’s Motion to Quash is denied as moot due to the granting of the Motion to Amend.
Antioch’s subpoena is no longer valid due to amended complaint.
IT IS SO ORDERED.
DATE: November 6, 2017
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings