California OAH special education order · August 15, 2019
Order Granting Motion to Amend Complaint
OAH Case No. 2019040565 · ALJ Linda Johnson
OAH granted Student's motion to amend the due process complaint over Bellflower's opposition because it was filed more than five days before the hearing, and reset all timelines.
This case went to decision
Student v. Bellflower Unified School District: Bellflower Unified must reimburse Fusion Academy tuition after late annual IEPs and missing academic goals; four claims denied. (2020)
Summary
Student moved to amend the April 2019 due process complaint against Bellflower Unified School District, and Bellflower opposed the motion. OAH granted it because federal law lets the hearing officer allow an amendment any time more than five days before the hearing, and this motion met that deadline. The amended complaint was deemed filed on the date of the order, all timelines were reset, and OAH said it would issue a new scheduling order.
Why it matters
A district's opposition alone does not block an amendment: a motion to amend filed more than five days before the hearing will generally be granted. Families should expect all hearing timelines, including the resolution period, to restart when they amend.
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 MATTER OF:
PARENT ON BEHALF OF STUDENT,
v.
BELLFLOWER UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019040565
ORDER GRANTING MOTION TO AMEND COMPLAINT
On April 11, 2019, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Bellflower Unified School District. The Office of Administrative Hearings is referred to as OAH. On August 9, 2019, Student filed a Motion to Amend the Due Process Hearing Request and an amended complaint. Bellflower filed an opposition on August 13, 2019.
An amended complaint may be filed when the other party consents in writing and is given the opportunity to resolve the complaint through a resolution session, or when the hearing officer grants permission. The hearing officer may grant permission at any time more than five days before 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).)
The motion to amend was filed more than five days prior to the due process hearing. Although Bellflower opposed Student’s motion to amend, Student’s motion 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.
DATED: August 15, 2019 Linda Johnson Administrative Law Judge Office of Administrative Hearings