California OAH special education order · February 1, 2023
Order Granting Motion to Amend Complaint
OAH Case No. 2022080193 · ALJ Theresa Ravandi
OAH let Lemoore amend its due process complaint to add a January 30, 2023 IEP amendment. The motion came more than five days before hearing, and OAH found good cause for the late filing.
This case went to decision
Lemoore Union Elementary School District v. Student: Lemoore Union Elementary may not implement its IEP without consent after staff unilaterally rewrote it as a new annual offer. (2023)
Summary
Lemoore filed a motion to amend its due process complaint to include a January 30, 2023 IEP amendment. Student filed no written response, but Parent told the OAH case manager she opposed the motion. OAH found good cause for filing the motion less than three business days before the prehearing conference. Because the motion was filed more than five days before the hearing, OAH granted it, deemed the amended complaint filed as of the order date, vacated all dates, and reset all timelines.
Why it matters
A district can amend its complaint over a parent's objection if it asks more than five days before the hearing, and the amendment restarts all hearing timelines. A parent who opposes should file a written response stating specific reasons, not just tell the case manager.
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:
LEMOORE UNION ELEMENTARY SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2022080193
ORDER GRANTING MOTION TO AMEND COMPLAINT
FEBRUARY 1, 2023
On August 5, 2022, Lemoore Union Elementary School District filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Student. The Office of Administrative Hearings is referred to as OAH.
On January 30, 2023, Lemoore filed a Motion to Amend the Due Process Hearing Request and a proposed amended complaint. No written response was received from Student at the time of this Order, though Parent informed the OAH case manager that she opposed the motion.
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).)
Lemoore did not file this motion three business days prior to the prehearing conference. However, good cause is found for the delayed filing as Lemoore seeks to amend its complaint to include a January 30, 2023 individualized education program amendment. The motion to amend was filed more than five days prior to the due process hearing. Therefore, it is timely and is granted. The amended complaint shall be deemed filed on the date of this order. All pending dates are vacated. All applicable timelines shall be reset as of the date of this order. (d).) OAH will issue a scheduling order with the new dates.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings