California OAH special education order · March 29, 2018
Order Denying Student's Motion to Amend Following Reconsideration
OAH Case No. 2017110724 · ALJ Rita DeFilippis
OAH reversed its earlier order letting Student amend his complaint because Student never filed the amended complaint, even after being given a deadline, and reinstated the original complaint with new hearing dates.
Summary
Student asked to amend his due process complaint as part of a joint stipulation with Acalanes Union High School District, and OAH granted the request and vacated all dates. When OAH learned Student had not actually filed the amended complaint, it reconsidered on its own and ordered Student to file it by March 26, 2018. Student still did not file it, so OAH denied the motion to amend and reinstated the original complaint. It set a prehearing conference for April 6, 2018, and a due process hearing beginning April 17, 2018.
Why it matters
An order granting leave to amend does not take effect unless the amended complaint is actually filed with OAH. Missing an OAH filing deadline can undo the amendment and put the case back on a fast hearing schedule under the original complaint.
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. 2017110724 v. ORDER DENYING STUDENT’S
MOTION TO AMEND FOLLOWING
ACALANES UNION HIGH SCHOOL RECONSIDERATION
DISTRICT.
On March 19, 2018, Student filed a request to amend his complaint as part of a joint stipulation of the parties agreeing to Student’s amendment of his complaint. On March 19, 2018, the undersigned administrative law judge issued an order granting Student’s request to amend his due process complaint and vacating all dates. On March 20, 2018, the undersigned ALJ became aware that Student had not filed his amended complaint with OAH.
On March 21, 2018, the undersigned ALJ reconsidered the order granting the request to amend, in light of Student’s failure to file his amended complaint with OAH, and ordered Student to file his amended complaint no later than close of business on March 26, 2018. To date, Student has not filed his amended complaint. Accordingly, Student’s motion to amend, having been reconsidered, is now DENIED. Student’s original complaint is reinstated. The matter will proceed as follows:
Prehearing Conference: April 6, 2018, at 1:00 p.m.
Due Process Hearing: April 17, 18, and 19, 2018, continuing day to day, Monday through Thursday, at the discretion of the ALJ.
The hearing shall take place at the Acalanes Union High School District’s offices located at 1212 Pleasant Hill Road, Lafayette, California, 94549. The hearing shall begin at 9:30 a.m. the first day of the hearing, and at 9:00 a.m. on all other days, unless otherwise ordered.
ORDER
1. Based on reconsideration, Student’s request to amend his complaint is
DENIED.
2. Student’s original complaint is reinstated.
3. All previous dates are vacated and the matter will proceed on dates as set forth
above.
IT IS SO ORDERED.
DATE: March 29, 2018
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings