California OAH special education order · February 12, 2021

Order Granting Request for Reconsideration

OAH Case No. 2021010288 · ALJ Jennifer Kelly

OAH granted Linden Unified's reconsideration motion and limited Student's child-find claim to events after January 11, 2019, because Student did not plead facts meeting either statute-of-limitations exception.

Granted Reconsideration

Summary

OAH had earlier found Issue 2 of Student's complaint, a child-find claim, sufficiently pled. Linden Unified School District asked OAH to reconsider and limit that issue to the two-year statute of limitations. Student opposed, calling the motion an attempt at summary judgment. OAH granted the motion because Student did not allege specific facts showing the district made misrepresentations or withheld required information that kept Parent from filing earlier, so Issue 2 is limited to events after January 11, 2019. Issues 3 through 8 were also found insufficient as to events before that date. Student may still use earlier facts to show the district was on notice of possible eligibility, and was given 14 days to file an amended complaint.

Why it matters

To reach back more than two years, a complaint must plead specific facts showing the district misrepresented that it had resolved the problem or withheld information it was required to give the parent. Without those facts, older claims can be cut at the pleading stage. Older events can still be offered as evidence that the district was on notice.

Key authority cited

  • Gov. Code, § 11521
  • Code Civ. Proc., § 1008
  • Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
  • Ed. Code, § 56505, subd. (l)
  • 20 U.S.C. § 1415(f)(3)(C)-(D)
  • Fernandez v. Elk Grove Unified School Dist. (E.D. Cal. 2020) 2020 WL 1532229

Topics

statute of limitations child find reconsideration sufficiency amended complaint

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.

LINDEN UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2021010288

ORDER GRANTING REQUEST FOR RECONSIDERATION

FEBRUARY 12, 2021

On February 3, 2021, the undersigned Administrative Law Judge issued an order determining partial sufficiency of due process complaint. On February 11, 2021, Linden Unified School District filed a motion for reconsideration as to Issue 2 in Student’s complaint. Student filed an opposition on February 11, 2021. Linden Unified School District filed a reply to Student’s opposition on February 11, 2021.

APPLICABLE LAW

The Office of Administrative Hearings will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time, generally within ten days. (See, e.g., Gov. Code, § 11521; Code Civ. Proc., § 1008.) The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.)

The statute of limitations in California is two years, consistent with federal law.

(Ed. Code, § 56505, subd. (l); see also 20 U.S.C. § 1415(f)(3)(C).) However, title 20 United States Code section 1415(f)(3)(D) and Education Code section 56505, subdivision (l), establish exceptions to the statute of limitations in cases in which the parent was prevented from filing a request for due process due to specific misrepresentations by the local educational agency that it had resolved the problem forming the basis of the complaint, or the local educational agency’s withholding of information from the parent that was required to be provided to the parent.

DISCUSSION

The February 3, 2021 order found that Issue Two of Student’s complaint was sufficiently pled. Linden Unified School District argues that Issue 2 should be limited to alleged child find violations arising within the two-year statute of limitations. Student argues that Linden Unified School District’s motion for reconsideration is an attempt to obtain summary judgment.

This order addresses the sufficiency of Student’s pleading. Student failed to allege specific facts that Parent was prevented from filing a request for due process because of specific misrepresentations by Linden Unified School District, or that it withheld information from Parent that was required to be provided for the time periods outside of the two-year statute of limitations. (Fernandez v. Elk Grove Unified School Dist. (E.D. Cal., March 31, 2020, No. 2:19-cv-00082-MCE-AC) 2020 WL 1532229, **4-5.)

Student did not allege sufficient allegations against Linden Unified School District to fall within either exception to the two-year statute of limitations. Linden’s Unified School District’s request is not a summary judgment motion as the analysis here is whether Student pled sufficient facts to pierce the two year statute of limitations, which Student did not. Therefore, Student’s child-find allegations alleged in Issue Two and its subparts, and any related resolution, are limited to allegations after January 11, 2019. At the due process hearing in this matter, Student may refer to facts that occurred prior to January 11, 2019, for the purpose of establishing Linden Unified School District was on notice of Student’s potential eligibility for special education as of January 11, 2019.

ORDER

1. On reconsideration, Linden Unified School District’s motion for reconsideration is

granted.

2. Issues One and Two of Student’s complaint are sufficient under title 20 United

States Code section 1415(b)(7)(A)(ii). Student’s Issue 2 is limited to events that occurred after January 11, 2019.

3. Issues Three, Four, Five, Six, Seven and Eight are insufficiently pled under title 20

United States Code section 1415(c)(2)(D) as to events that occurred before January 11, 2019.

4. Student shall be permitted to file an amended complaint under title 20 United States

Code section 1415(c)(2)(E)(i)(II).

5. The amended complaint shall comply with the requirements of title 20 U.S.C. section

1415(b)(7)(A)(ii) and shall be filed not later than 14 days from the date of this order.

6. If Student fails to file a timely amended complaint, the hearing shall proceed only on

Issue One, and allegations in Issues Two, Three, Four, Five, Six, Seven and Eight on or after January 11, 2019, in Student’s complaint.

IT IS SO ORDERED.

Jennifer Kelly Administrative Law Judge Office of Administrative Hearings