California OAH special education order · May 21, 2018
Order Granting Request for Reconsideration and Denying Opposition to Motion to Amend Complaint
OAH Case No. 2018030249 · ALJ Joy Redmon
OAH reconsidered but upheld its order letting Student amend her complaint, finding the order was made May 17, five days before hearing, even though the parties received it May 18.
Summary
Hayward asked OAH to reconsider its order granting Student's motion to amend her complaint. Hayward argued it did not get the usual three days to respond, and that the order came too late under the IDEA's rule that amendments be allowed no later than five days before hearing. OAH granted reconsideration but kept the amendment in place. It found that Hayward had been given until 3:00 p.m. on May 17 to respond, its timely opposition was considered, and the order was electronically signed before 5:00 p.m. that same day. That met the five-day deadline for the May 22 hearing, even though the parties were notified on May 18.
Why it matters
OAH may shorten response times on motions to amend filed close to hearing. The IDEA's five-day limit is measured by when the ALJ grants the amendment, not when the parties receive notice of the order.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(E)(i)(II)
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
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. 2018030249 v. ORDER GRANTING REQUEST FOR
RECONSIDERATION AND DENYING
HAYWARD UNIFIED SCHOOL OPPOSITION TO MOTION TO
DISTRICT. AMEND COMPLAINT
On May 17, 2018, the undersigned administrative law judge granted Student’s motion to amend her complaint. On May 18, 2018, Hayward Unified School District filed a motion for reconsideration asserting it was deprived the customary three-days to respond to a motion.
Hayward further asserts OAH’s order was in conflict with the IDEA’s express language permitting amendments, “at any time not later than 5 days before a due process hearing occurs,” as the order was not issued until May 18, 2018, and the due process hearing scheduled to commence on May 22, 2018. Hayward further asserted that
APPLICABLE LAW
Motion for Reconsideration The Office of Administrative Hearings will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time. (See, e.g., Gov. Code, § 11521; Code Civ.
Proc., § 1008.) The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.) Hayward’s motion for reconsideration is GRANTED.
Motion to Amend Complaint Regarding motions to amend, United States Code, title 20, section 1415 subdivision (c)(2)(E)(i)(II) states in relevant part that a party may amend its due process complaint notice if, “the hearing officer grants permission, except that the hearing officer may only grant such permission at any time not later than 5 days before a due process hearing occurs.” The due process hearing in this matter was set to commence May 22, 2018, and five days before was May 17, 2018.
Student filed a motion to amend on May 16, 2018. To provide an opportunity for Hayward to respond to the motion, OAH ordered the response due by 3:00 p.m. on May 17,
2018. Hayward timely submitted its opposition which was carefully considered. The same
day, the undersigned granted Student’s motion to amend, which is confirmed via the affixed electronic signature placed prior to 5:00 p.m. The parties received notice of the order on May 18, 2018; however, the order was timely made on May 17, 2018. Accordingly, OAH’s order granting Student’s motion to amend was timely and not in conflict with the IDEA.
IT IS SO ORDERED.
DATE: May 21, 2018
JOY REDMON
Presiding Administrative Law Judge Office of Administrative Hearings