California OAH special education order · November 6, 2017
Order Denying Motion to Amend Complaint Without Prejudice
OAH Case No. 2017100067 · ALJ Christine Arden
OAH denied Student's unopposed motion to amend without prejudice because Student did not attach the proposed amended complaint or the supporting declaration the motion relied on.
This case went to decision
Student v. San Diego Unified School District: San Diego Unified must provide 100 hours of specialized academic instruction after failing to document efforts to obtain assessment consent. (2018)
Summary
Student asked for leave to file a first amended due process complaint against San Diego Unified, Mountain Empire Unified, and Grossmont Union High School District. None of the districts opposed. OAH found the motion timely but denied it because Student did not file the proposed amended complaint or the Declaration of Patricia Lewis that the motion cited as support. The denial is without prejudice, so Student may refile the motion with both documents.
Why it matters
A motion to amend can fail even when no one opposes it. Always attach the proposed amended complaint and any declarations the motion relies on.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(E)(i)
- 20 U.S.C. § 1415(c)(2)(E)(ii)
People named in the order
- Patricia Lewis, Declarant (declaration referenced in Student's motion)
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. 2017100067 v. ORDER DENYING MOTION TO
AMEND COMPLAINT WITHOUT
SAN DIEGO UNIFIED SCHOOL PREJUDICE
DISTRICT, MOUNTAIN EMPIRE
UNIFIED SCHOOL DISTRICT,
GROSSMONT UNION HIGH SCHOOL
DISTRICT.
On September 29, 2017, Student filed a Due Process Hearing Request (complaint)
with the Office of Administrative Hearings, naming San Diego Unified School District, Mountain Empire Unified School District and Grossmont Union High School District. On October 27, 2017, Student filed a Motion for Leave to File a First Amended Request for Hearing. No opposition was received from San Diego Unified School District, Mountain Empire Unified School District or Grossmont Union High School District.
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 motion was timely, however, Student did not file a proposed first amended complaint or the Declaration of Patricia Lewis, which is referred to in Student’s motion as support.
The motion to amend the complaint is denied without prejudice to timely refiling the motion to amend with the referenced declaration and a proposed amended complaint.
IT IS SO ORDERED.
DATE: November 06, 2017
CHRISTINE ARDEN
Administrative Law Judge Office of Administrative Hearings