California OAH special education order · May 2, 2018
Order Granting Motion to Amend Complaint
OAH Case No. 2018030816, 2018030111 · ALJ Judith Pasewark
OAH let Student amend her complaint over District's objection because she asked more than five days before hearing, and a two-month wait to add earlier FAPE claims was not bad faith.
Summary
Student asked to amend her due process complaint to add new claims that she was denied a free appropriate public education (FAPE) before the period covered by her original complaint. District opposed. It argued the request was untimely, unrelated to the consolidated issues, and made in bad faith to stretch out the timeline. OAH granted the motion because it was filed more than five days before the May 14, 2018 hearing and the new claims fell within the two-year statute of limitations. OAH found that waiting two months, or gaining extra time, did not by itself show bad faith. The amended complaint was deemed filed on the order date, all timelines were reset, and either party may raise bad faith and sanctions after the consolidated matters are resolved.
Why it matters
A parent can add new FAPE claims within the limitations period as long as the request comes more than five days before hearing, even over the district's objection. But the ALJ warned that further delay, including a parent's failure to have a lawyer ready for the hearing dates, will not justify more continuances.
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 Consolidated Matters of:
ETIWANDA SCHOOL DISTRICT, OAH Case No. 2018030816 v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2018030111 v. ORDER GRANTING MOTION TO
AMEND COMPLAINT
ETIWANDA SCHOOL DISTRICT.
On March 1, 2018, Student filed a Due Process Hearing Request (complaint) with the Office of Administrative Hearings, naming Etiwanda School District. On May 1, 2018, Student filed a Motion to Amend the Due Process Hearing Request (amended complaint).
District filed an opposition to the request on May 1, 2018, claiming Student’s request to amend was untimely, and Student’s proposed amended complaint did not relate to the issues in the consolidated matters.
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).)
District contends Student’s request to amend her complaint is untimely. The due process hearing in this matter is scheduled for May 14, 2018. Student filed her request to amend her complaint on May 1, 2018, which is more than five days prior to hearing. Thusly, Student’s request is timely.
District contends Student’s amended complaint is not related to the consolidated issues of the parties, and was filed in bad faith to unreasonably extend the statutory timeline.
Student’s amended complaint contains new issues claiming denial of a free appropriate public education which allegedly occurred prior to the issues contained in Student’s initial March 1, 2018 complaint. Although the new issues are unrelated to the existing consolidated matters, they nevertheless represent Student’s additional contentions regarding denial of FAPE which allegedly occurred within the operative two-year statute of limitations applicable in the consolidated matters. The fact that Student waited two full months to request amendment does not automatically constitute bad faith. Nor does any residual benefit to Student derived from the extension of timelines independently constitute bad faith.
The issue of bad faith and sanctions may be revisited, by both or either party, upon resolution of the consolidated matters.
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. As the consolidated matters have been previously continued, no further continuances shall be granted without good cause. Further, Student’s failure to obtain counsel available for the scheduled hearing dates shall not be considered good cause for additional delay of hearing.
IT IS SO ORDERED.
DATE: May 2, 2018
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings