California OAH special education order · February 28, 2020
Order Denying Motion to Amend Complaint
OAH Case No. 2019120123 · ALJ Rita Defilippis
OAH denied Student's unopposed motion to amend as untimely because the expedited hearing had already been held and a decision issued, though Student may file a separate complaint.
This case went to decision
Student v. Fortuna Union High School District: Fortuna Union High School District's manifestation finding overturned; student with autism returns to school and gets a behavior assessment. (2020)
Summary
Student asked to amend the due process complaint against Fortuna on February 21, 2020, and Fortuna did not oppose. OAH denied the motion as untimely. The expedited hearing on the complaint had already been held in January 2020 and a decision was issued on January 28, 2020. Student gave no legal authority for amending a complaint after a hearing and decision. OAH noted that Student may still file a separate complaint.
Why it matters
A judge can allow an amendment only more than five days before the hearing, so new claims must be added early. Once a hearing has taken place, the way forward is a new complaint, even if the district does not object.
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.
FORTUNA UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2019120123
ORDER DENYING MOTION TO AMEND COMPLAINT
FEBRUARY 28, 2020
On December 2, 2019, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Fortuna Union High School District. The Office of Administrative Hearings is referred to as OAH.
On February 21, 2020, Student filed a Motion to Amend the Due Process Hearing Request and an amended complaint. No opposition was received from Fortuna.
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 the complaint is not timely because the expedited due process hearing was held on January 8, 9, 10, and 14, 2020, and an expedited decision was issued on January 28, 2020. Student did not provide any legal authority for the granting of a motion to amend a complaint once a hearing has already been convened and decision issued pursuant to the complaint. Therefore, the motion to amend is denied, as untimely. Nothing in this order precludes Student from filing a separate complaint. All dates shall remain on calendar.
IT IS SO ORDERED.
Rita Defilippis Administrative Law Judge Office of Administrative Hearings