California OAH special education order · December 4, 2023
Order Granting Motion to Amend Complaint
OAH Case No. 2023100750 · ALJ Deborah Myers-Cregar
OAH granted Student's motion to amend the complaint over Ukiah's opposition because it was filed more than five days before the hearing, and reset all timelines.
This case went to decision
Student v. Ukiah Unified School District (consolidated): Ukiah Unified must fund 277 compensatory hours, an AAC assessment, and staff training; its October 2023 IEP is rejected. (2024)
Summary
Student moved to amend the due process complaint to add issues about transportation, lack of meaningful progress on goals, Parents' request for independent assessments, and procedural violations during the 2022-23 and 2023-24 school years. Ukiah opposed. It argued that Student already knew the facts when the original complaint was filed, that a resolution session had already been held, and that it would be prejudiced. OAH granted the motion because federal law allows a hearing officer to permit amendment any time more than five days before the hearing. The amended complaint is deemed filed on the order date, and all timelines restart.
Why it matters
A family can usually add new claims by amendment if they file more than five days before hearing, even when the district objects that the family knew the facts earlier or that a resolution session already took place. Amending restarts the hearing timelines, so families should expect the hearing to be pushed back.
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.
UKIAH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023100750
ORDER GRANTING MOTION TO AMEND COMPLAINT
DECEMBER 4, 2023
On October 23, 2023, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Ukiah Unified School District. The Office of Administrative Hearings is referred to as OAH. The due process hearing is scheduled to begin on December 12, 2023.
On November 24, 2023, Student filed a Motion to Amend the Due Process Hearing Request and an amended complaint. The amended complaint raises new issues during the 2022-23 and 2023-24 school years, the same time period as the original complaint. The amended complaint raises several new issues regarding transportation, Student’s lack of meaningful progress on goals, Parents request for independent assessments, and several procedural violations.
On November 30, 2023, Ukiah Unified School District filed an opposition. Ukiah opposed the amended complaint asserting Student knew about the newly alleged facts and issues at the time the original complaint was filed. Ukiah also opposed the amended complaint because it held a resolution session related to the original complaint on November 6, 2023. Ukiah asserts prejudice.
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).)
The motion to amend was filed more than five days prior to the due process hearing. The motion to amend is timely, appropriate, 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.
IT IS SO ORDERED.
Deborah Myers-Cregar Administrative Law Judge Office of Administrative Hearings