California OAH special education order · October 11, 2019
Order Granting Motion to Amend Complaint and Denying Motion to Bifurcate Due Process Hearing
OAH Case No. 2019090001 · ALJ Tiffany Gilmartin
OAH let Student amend the complaint to add Sunnyvale School District because the original respondents consented in writing, but denied Student's motion to bifurcate the hearing.
This case went to decision
Student v. Santa Clara County Office of Education et al.: Discovery Charter School II and Santa Clara County Office of Education were not the responsible LEA after the student's private placement and settlement. (2020)
Summary
Student asked to amend the due process complaint to add Sunnyvale School District as a respondent. Student also moved to bifurcate the hearing. Santa Clara County Office of Education and Discovery Charter School 2 filed a non-opposition to the amendment. OAH granted the amendment because written consent was given and the motion came more than five days before hearing, reset all timelines as of the order date, and denied bifurcation without stating reasons.
Why it matters
A parent can add another responsible agency to a pending case by amendment, but doing so restarts all hearing timelines. Requests to split a hearing into phases may be denied without explanation.
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.
SANTA CLARA COUNTY OFFICE OF EDUCATION, DISCOVERY
CHARTER SCHOOL 2, AND SUNNYVALE SCHOOL DISTRICT.
OAH CASE NUMBER 2019090001
ORDER GRANTING MOTION TO AMEND COMPLAINT AND DENYING
MOTION TO BIFURCATE DUE PROCESS HEARING
On August 30, 2019, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Santa Clara County Office of Education and Discovery Charter School 2. The Office of Administrative Hearings is referred to as OAH. On October 8, 2019, Student filed a Motion to Amend the Due Process Hearing Request and an amended complaint adding Sunnyvale School District as a Respondent. Santa Clara and Discovery Charter School 2 filed a non- opposition on October 9, 2019. Student jointly filed a motion to bifurcate the due process hearing.
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. OAH has received written consent to the amendment. 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.
Student’s motion to bifurcate the due process request is denied.
IT IS SO ORDERED.
DATED: October 11, 2019 Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings