California OAH special education order · November 27, 2024
Order Granting Student's Second Motion to Amend Complaint and Denying Motions to Unexpedite Hearing as Moot
OAH Case No. 2024110297 · ALJ Ashok Pathi
OAH granted Student's timely second motion to amend and reset all timelines. It denied Student's motions to unexpedite the hearing as moot because they concerned a complaint that was no longer operative.
Summary
Student filed a complaint against Upland and Asuza with expedited and non-expedited issues. Student then filed two motions to amend and two motions to unexpedite, arguing Student no longer attends Upland, the district tied to the expedited issues. OAH treated the second motion to amend as replacing the first and granted it as timely, since it was filed more than five days before hearing. It vacated all dates, including the December 3, 2024 expedited mediation, and denied the unexpedite motions as moot because they related to the superseded original complaint. OAH also warned the parties that a student's current district of attendance does not decide whether an issue is expedited.
Why it matters
Amending a complaint resets all timelines and can make pending motions moot, so those motions may need to be refiled against the new complaint. OAH also signaled that changing schools does not by itself end an expedited (discipline-related) claim.
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.
UPLAND UNIFIED SCHOOL DISTRICT AND ASUZA UNIFIED
SCHOOL DISTRICT.
OAH CASE NUMBER 2024110297
ORDER GRANTING STUDENT’S SECOND MOTION TO
AMEND COMPLAINT AND DENYING MOTIONS TO
UNEXPEDITE HEARING AS MOOT
NOVEMBER 27, 2024
On November 12, 2024, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Upland Unified School District and Asuza Unified School District. The Office of Administrative Hearings is called OAH. Upland Unified School District is called Upland. Asuza Unified School District is called Asuza.
Student’s complaint included expedited and non-expedited issues. On November 12, 2024, OAH issued a scheduling order setting both an expedited and non- expedited hearing.
On November 25, 2024, Student filed a Motion to Amend the Due Process Hearing Request and an amended complaint. Also on November 25, 2024, Student filed a Motion to Unexpedite Hearing.
On November 26, 2024, Upland filed a non-opposition to both Student’s Motion to Amend and the Motion to Unexpedite Hearing. OAH did not receive a response from Asuza for either motion.
Later on November 26, 2024, Student filed a second Motion to Amend the Due Process Hearing Request, and a second amended complaint. Student also filed a second Motion to Unexpedite Hearing. OAH did not receive a response from Upland or Asuza for either motion.
MOTION TO AMEND
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 filed his second Motion to Amend before OAH could rule on the first motion, received on November 25, 2024. Thus, Student’s second Motion to Amend, filed on November 26, 2024, supersedes Student’s Motion to Amend, filed on November 25, 2024.
The motion to amend was filed more than five days prior to the due process hearing. OAH did not receive a response from Upland or Asuza. Upland and Asuza’s lack of response notwithstanding, Student’s motion to amend 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.
MOTIONS TO UNEXPEDITE HEARING
Student filed two motions to unexpedite the due process hearing, filed on November 25, 2024, and November 26, 2024, respectively. Through both motions, Student moved to vacate the expedited hearing, asserting that Student no longer attends Upland, the relevant respondent school district for Student’s expedited issues.
Student’s motions are denied as moot, because the motions relate to Student’s initial complaint filed November 12, 2024, which is no longer the operative complaint in this matter.
While this Order makes no determination regarding the merits of Student’s motions, the Parties are on notice that Student’s current school district of attendance is not determinative of whether an issue is expedited.
ORDER
1. Student’s Second Motion to Amend is granted.
2. The second amended complaint shall be deemed filed on the date of this
order.
3. All applicable timelines shall be reset as of the date of this order.
4. All pending dates in this matter, including the expedited mediation set for
December 3, 2024, are vacated.
5. OAH shall issue a new scheduling order.
6. Student’s Motions to Unexpedite Hearing are denied as moot.
IT IS SO ORDERED.
Ashok Pathi Administrative Law Judge Office of Administrative Hearings