California OAH special education order · September 11, 2020
Order Granting Motion to Amend Complaint
OAH Case No. 2020060885, 2020060931 · ALJ Chris Butchko
OAH granted Student's opposed motion to amend the due process complaint because it was filed more than five days before the September 15, 2020 hearing; all timelines restart.
This case went to decision
Student v. Pacific Charter Institute et al. (consolidated): Pacific Charter Institute and Valley View Charter Prep must pay $8,350 for an independent evaluation after a 10-month delay. (2021)
Summary
Student filed a motion to amend the due process complaint against Pacific Charter Institute and Valley View Charter Prep. The charter schools opposed it. OAH granted the motion because federal law lets a hearing officer allow an amendment any time more than five days before the hearing, and this motion was filed earlier than that. The amended complaint is deemed filed on the date of the order, all timelines reset, Student's case stays the primary case in the consolidated matter, and OAH will issue new hearing dates.
Why it matters
Families can amend a complaint over a district's objection if they file more than five days before hearing. Amending restarts all timelines, so the hearing will be pushed back.
Key authority cited
- 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 CONSOLIDATED MATTERS OF:
PARENT ON BEHALF OF STUDENT,
v.
PACIFIC CHARTER INSTITUTE AND VALLEY VIEW CHARTER PREP,
OAH CASE NUMBER 2020060885
and
VALLEY VIEW CHARTER PREP,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2020060931
ORDER GRANTING MOTION TO AMEND COMPLAINT
SEPTEMBER 11, 2020
On June 25, 2020, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Pacific Charter Institute and Valley View Charter Prep. The Office of Administrative Hearings is referred to as OAH. On September 8, 2020, Student filed a Motion to Amend the Due Process Hearing Request and an amended complaint. Pacific Charter Institute and Valley View Charter Prep filed an opposition to the motion on September 10, 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. 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 scheduled start of the due process hearing on September 15, 2020. 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. Student’s case remains the primary case in the consolidated matter. OAH will issue a scheduling order with the new dates.
IT IS SO ORDERED.
Chris Butchko Administrative Law Judge Office of Administrative Hearings