California OAH special education order · December 31, 2018

Order Granting Request for Reconsideration and Motion to Amend Complaint

OAH Case No. 2018120446 · ALJ Rita Defilippis

OAH granted Student's unopposed reconsideration request and allowed the amended complaint, because Student refiled the motion within ten days and this time attached the proposed amended complaint missing from the first motion.

Granted Reconsideration

Summary

OAH had denied Student's first motion to amend, without prejudice, because no proposed amended complaint was attached. Student refiled the motion with the proposed amended complaint within ten days, and OAH treated it as a request for reconsideration. San Francisco Unified did not oppose. OAH granted reconsideration and the amendment because the motion was timely and was filed more than five days before the January 22, 2019 hearing. The amended complaint was deemed filed on the order date, and all timelines were reset.

Why it matters

A motion to amend a due process complaint must include the proposed amended complaint, or OAH will deny it. A quick refiling with the missing document can fix the problem, but amending restarts all hearing timelines.

Key authority cited

  • 20 U.S.C. § 1415(c)(2)(E)(i)
  • 20 U.S.C. § 1415(c)(2)(E)(ii)
  • Gov. Code § 11521
  • Code Civ. Proc. § 1008
  • Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192

Topics

reconsideration amended complaint timelines reset unopposed motion procedural defect

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. 2018120446 v. ORDER GRANTING REQUEST FOR

RECONSIDERATION AND MOTION

SAN FRANCISCO UNIFIED SCHOOL TO AMEND COMPLAINT

DISTRICT.

On December 21, 2018, the undersigned administrative law judge issued an order denying Student’s motion to amend, without prejudice, due to Student’s omission of a proposed amended complaint. On December 28, Student filed a motion to amend his due process hearing request and a proposed amended complaint. This motion is deemed a request for reconsideration of the order denying his motion to amend. Student’s motion is unopposed by San Francisco Unified School District.

APPLICABLE LAW

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.)

DISCUSSION

Reconsideration Student’s motion for reconsideration is timely because it was received within ten days after issuance of the order. Student filed an amended complaint and a proposed amended complaint in support of his request reconsideration. Accordingly, Student’s request for reconsideration is Granted.

Motion to Amend 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).)

On reconsideration, Student’s motion to amend is timely as it was filed more than 5 days before the due process hearing currently scheduled for January 22, 2019. Student’s motion for reconsideration included his proposed amended complaint.

ORDER

Student’s Motion for Reconsideration is Granted.

Based on reconsideration, Student’s 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.

IT IS SO ORDERED.

DATE: December 31, 2018

RITA DEFILIPPIS

Administrative Law Judge Office of Administrative Hearings