California OAH special education order · April 27, 2023
Order Granting Reconsideration, and Granting Request to Vacate Dates for Nonexpedited Prehearing Conference and Non-Expedited Hearing
OAH Case No. 2023040286 · ALJ Rita Defilippis
OAH reconsidered on its own motion and vacated all non-expedited dates, finding Student's complaint raised only expedited issues and that an expedited complaint cannot be amended under the IDEA.
This case went to decision
Student v. Salinas Union High School District: Salinas Union High wrongly found an eighth grader's off-campus assault unrelated to his ADHD; ALJ orders him returned to his middle school. (2023)
Summary
At the expedited prehearing conference, the parties agreed that Student's complaint contained no non-expedited issues. Salinas asked to vacate the non-expedited dates, and the ALJ initially denied the request because Student's counsel said he planned to amend. On her own motion, the ALJ reconsidered and granted Salinas's request. She found there was nothing to amend because the IDEA's expedited-hearing provision does not allow amending an expedited complaint, so the case will proceed only on the expedited issue.
Why it matters
A complaint that raises only expedited (discipline-related) issues cannot be amended to add non-expedited claims. Families who want to pursue non-expedited claims, such as FAPE claims, should include them from the start or file them separately.
Key authority cited
- 20 U.S.C. § 1415(k)(4)(B)
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
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.
SALINAS UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2023040286
ORDER GRANTING RECONSIDERATION, AND GRANTING
REQUEST TO VACATE DATES FOR NONEXPEDITED
PREHEARING CONFERENCE AND NON-EXPEDITED
HEARING
APRIL 27, 2023
On April 7, 2023, Student filed a Request for Due Process Hearing, referred to as a complaint, with the Office of Administrative Hearings, naming Salinas Union High School District. The Office or Administrative Hearings is referred to as OAH. On April 10, 2023, OAH issued a scheduling order setting dates for both expedited and non- expedited prehearing conferences and hearings as one claim potentially gave rise to expedited and non-expedited issues.
On April 24, 2023, the undersigned convened the prehearing conference for the expedited hearing, scheduled for May 3 and 4, 2023. The parties discussed the expedited issues. Once clarified, the undersigned determined, and the parties agreed, that Student’s complaint did not include any non-expedited issues. Salinas moved to vacate the dates for the non-expedited prehearing conference and non-expedited hearing. Counsel for Student objected on the grounds that he planned to file an amended complaint with non-expedited issues. Salinas’s request to vacate non- expedited dates was denied.
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 undersigned, on its own motion, reconsiders her April 24, 2023 ruling denying Salinas’s request to vacate dates for the non-expedited prehearing conference and non-expedited hearing.
Upon further reflection following the PHC, Salinas’s request to vacate the non- expedited prehearing conference and hearing should have been granted. After issue clarification, there was no basis for Student to amend the complaint. An expedited complaint cannot be amended as the IDEA’s provision governing expedited complaints does not include the ability to amend. (20 U.S.C. § 1415(k)(4)(B).) Student’s April 7, 2023 compliant did not contain any non-expedited issues and therefore there are no issues to amend.
Student did subsequently file a Motion to Amend and an Amended Complaint that contains only non-expedited issues and named two additional local educational agencies as respondents. A separate order will address Student’s motion to amend.
On Reconsideration, Salinas’s request to vacate dates for the non-expedited prehearing conference and non-expedited hearing is Granted. All previously set non- expedited dates are accordingly vacated. This matter will proceed on the sole issue of Student’s complaint through the expedited hearing process.
IT IS SO ORDERED.
Rita Defilippis Administrative Law Judge Office of Administrative Hearings