California OAH special education order · June 1, 2022
Order Denying Motion to Amend Complaint Without Prejudice
OAH Case No. 2022030378 · ALJ Penelope S. Pahl
OAH denied Student's motion to amend without prejudice because the proposed complaint was the original plus several dated attachments, not one single document containing all issues.
This case went to decision
Student v. San Dieguito Union High School District: San Dieguito Union must provide 31 compensatory academic hours and staff training; most of the seventh grader's other claims denied. (2022)
Summary
Parents filed a due process complaint against San Dieguito Union High School District and had already amended it three times. Student then asked to amend again, submitting the original complaint with several attachments bearing different dates from the earlier amendments. OAH denied the request without prejudice because it requires one complaint that contains every issue the party wants decided, not a complaint with a series of attached amendments. Student may file a new motion to amend with a single complete complaint, and OAH offered self-represented Parents help from a mediator in drafting it.
Why it matters
A proposed amended complaint must be one stand-alone document listing every issue. Piling dated amendments onto the original will be rejected. Self-represented parents can ask the OAH case manager to connect them with a mediator for help drafting the complaint.
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:
PARENTS ON BEHALF OF STUDENT,
v.
SAN DIEGUITO UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2022030378
ORDER DENYING MOTION TO AMEND COMPLAINT
WITHOUT PREJUDICE
JUNE 1, 2022
On March 11, 2022, Parents, on behalf of Student, filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, or OAH, naming San Dieguito Union High School District as respondent. Student has previously filed three other amendments to his complaint.
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’s proposed amended complaint includes the original complaint and several attachments with different dates reflecting the previous amendments. OAH requires a single complaint be filed that contains all issues a party seeks to adjudicate in a single case as opposed to a complaint with a number of attached amendments with various dates. Therefore, Student’s request to amend his complaint is denied without prejudice.
Nothing in this order prevents Student from filing a motion to amend with a proposed amended complaint that includes all issues in a single complaint document.
OAH has mediators available to consult with self-represented parties who require assistance drafting a complaint. Parents are encouraged to contact the assigned case manager should they wish to speak with a mediator to obtain assistance drafting their complaint.
IT IS SO ORDERED.
Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings