California OAH special education order · August 6, 2020
Order Granting Motion to Amend Complaint and Denying Motion to Rephrase Issue 1A in Student's First Amended Complaint as Moot
OAH Case No. 2020030548 · ALJ Cynthia Fritz
OAH granted Student leave to file a second amended complaint over Grossmont's opposition because the motion came more than five days before hearing and added a new legal issue.
This case went to decision
Student v. Grossmont Union High School District: Grossmont Union High must provide four hours of counseling and four hours of math tutoring and flag its deficient mental health assessment as unreliable; child find claims denied. (2020)
Summary
Student asked to file a second amended complaint eight days before the scheduled due process hearing. Grossmont opposed. The amended complaint dropped the 2019-2020 school year issues, reorganized the 2018-2019 issues, added facts, and added one new legal issue. OAH granted the motion because it was filed more than five days before the hearing and raised a new issue, which restarts the hearing timelines. Student's earlier motion to rephrase Issue 1A of the first amended complaint was denied as moot.
Why it matters
A parent can still amend a due process complaint over the district's objection shortly before hearing, as long as the motion is filed more than five days before the hearing date. Families should expect the amendment to restart the timelines and push back the hearing.
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.
GROSSMONT UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2020030548
ORDER GRANTING MOTION TO AMEND COMPLAINT
AND DENYING MOTION TO REPHRASE ISSUE 1A IN
STUDENT'S FIRST AMENDED COMPLAINT AS MOOT.
AUGUST 6, 2020
On March 13, 2020, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, known as OAH, naming Grossmont Union High School District, called Grossmont. On March 24, 2020, OAH granted Student's motion to amend the complaint. On August 3, 2020, Student filed a motion to amend Student's first amended complaint and concurrently filed a second amended complaint. Grossmont opposed the motion to amend the complaint on August 6, 2020. The due process hearing is set to begin on August 11, 2020.
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).)
Student timely filed the motion to amend. In Student's second amended complaint, she withdrew issues related to the 2019-2020 school year, reorganized her 2018-2019 school year issues, added additional factual support, and included one additional legal issue to be decided. Because the motion was timely and a new legal issue was added, Student's motion to amend is granted. OAH will issue a scheduling order with the new dates.
Student's motion to rephrase Issue 1A in her first amended complaint is denied a moot.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings