California OAH special education order · December 4, 2019
Order Granting Motion to Amend Complaint
OAH Case No. 2019080542 · ALJ June Lehrman
OAH granted Student's motion to amend the due process complaint over Upland's opposition because it was filed more than five days before the hearing, resetting all timelines.
This case went to decision
Student v. Upland Unified School District (consolidated): Upland Unified wins every decided issue; adult student's eligibility lapsed after mother withheld triennial consent; two district claims not reached. (2020)
Summary
Student asked for permission to file an amended due process complaint against Upland Unified School District, and Upland opposed. OAH granted the motion because federal law allows a hearing officer to permit amendment any time more than five days before the due process hearing, and this motion met that deadline. The amended complaint is deemed filed on the date of the order, all timelines restart, and Upland may still challenge whether the amended complaint is sufficient.
Why it matters
A district's objection usually will not block a timely motion to amend, as long as it is filed more than five days before hearing. Families should know that amending restarts the case timelines, including the resolution period and hearing dates.
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.
UPLAND UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019080542
ORDER GRANTING MOTION TO AMEND COMPLAINT
On August 13, 2019, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Upland Unified School District. The Office of Administrative Hearings is referred to as OAH. On December 2, 2019, Student filed a Motion to Amend the Due Process Hearing Request and an amended complaint. Upland filed an opposition on December 4, 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. Therefore, it 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. This Order is without prejudice to Upland’s rights to challenge the sufficiency of the amended complaint.
IT IS SO ORDERED.
DATED: December 4, 2019 June Lehrman Administrative Law Judge Office of Administrative Hearings