California OAH special education order · March 13, 2023
Order Following Prehearing Conference for Hearing by Videoconference and Granting Motion to Amend
OAH Case No. 2022110091 · ALJ June R. Lehrman
OAH granted Student's motion to amend over Hacienda's objection, finding it was filed more than five days before hearing and that hearing all issues together is most efficient.
This case went to decision
Student v. Hacienda La Puente Unified School District: Hacienda La Puente Unified must repay $9,300 for IEEs, offer two assessments, and provide 19 reading hours; most claims denied. (2023)
Summary
At the prehearing conference, OAH ruled on Student's March 8, 2023 motion to amend the due process complaint. Hacienda opposed the motion. It argued the motion was untimely, greatly expanded the allegations, and would disrupt its trial preparation and witness availability. The ALJ granted the motion because it was filed more than five days before the hearing and hearing all issues in one proceeding is most efficient. The amended complaint was deemed filed on the date of the order, all timelines were reset, and OAH will issue new hearing dates.
Why it matters
A late-stage amendment that adds claims will usually be allowed if it is filed more than five days before hearing, even over a district's objection about preparation burdens. Families should know, however, that amending restarts all timelines and delays 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:
PARENTS ON BEHALF OF STUDENT,
v.
HACIENDA LA PUENTE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022110091
ORDER FOLLOWING PREHEARING CONFERENCE FOR
HEARING BY VIDEOCONFERENCE AND GRANTING
MOTION TO AMEND
MARCH 13, 2023
On March 13, 2023, Administrative Law Judge June R. Lehrman, Office of Administrative Hearings, held a prehearing conference by videoconference. The Administrative Law Judge is called an ALJ. The Office of Administrative Hearings is called OAH. The prehearing conference is called a PHC.
Alexis Casillas and Jennifer Chang, Attorneys at Law, appeared on behalf of Student. Savannah Skelton, Attorney at Law, appeared on behalf of Hacienda La Puente.
The PHC was recorded. Based upon discussion with the parties, the ALJ issues the following order:
MOTION TO AMEND
On November 3, 2022, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Hacienda la Puente.
The Office of Administrative Hearings is referred to as OAH. On March 8, 2023, Student filed a Motion to Amend the Due Process Hearing Request and an amended complaint.
Hacienda filed an opposition on March 10, 2023. Hacienda argued that the motion was untimely, significantly expanded the allegations, and would create inefficiencies in its trail preparation and witness availability.
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).)
It is most efficient to hear all issues now alleged in one hearing. 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 applicable timelines shall be reset as of the date of this order. OAH will issue a scheduling order with the new dates.
SETTLEMENT
The parties are encouraged to continue working together to reach an agreement before the due process hearing. The parties shall inform OAH in writing immediately if they reach a settlement or otherwise resolve the dispute before the scheduled hearing.
In addition, if a settlement is reached within five days of the scheduled start of the due process hearing, the parties shall also inform OAH of the settlement by telephone at (916) 263-0880. At the same time, the parties should send the signature page of the signed agreement or a letter withdrawing the case to OAH by visiting OAH Secure e-file at https://www.applications.dgs.ca.gov/oah/oahsftweb.
If a full and final written settlement agreement is reached after 4:00 PM the day prior to hearing, the parties shall leave a voicemail message regarding the settlement at (916) 274-6035. The parties should also leave contact information such as cellular phone numbers of each party or counsel for each party.
Dates for hearing will not be cancelled until the letter of withdrawal or signature page of the signed agreement has been received and processed by OAH. If an agreement in principle is reached, the parties should plan to attend the scheduled hearing unless different arrangements have been agreed upon by the assigned ALJ. The assigned ALJ will check for messages before the hearing.
If the matter settles subject to board approval, in addition to a signed copy of the signature page of the settlement agreement, the parties shall provide the date of the next board meeting. The hearing dates will not be cancelled without this information.
IT IS SO ORDERED.
June Lehrman Administrative Law Judge Office of Administrative Hearings