California OAH special education order · May 8, 2025
Order Directing Service of Amended Complaint
OAH Case No. 2025040200 · ALJ Tiffany Gilmartin
OAH ordered Parent to serve Laguna Beach with a complete copy of Student's 178-page amended complaint by May 12, 2025, because the district disputed receiving the full document.
This case went to decision
Student v. Laguna Beach Unified School District: Laguna Beach Unified prevails on all claims; settlement waivers bar claims before October 2024 and nonpublic school placement upheld. (2025)
Summary
Laguna Beach asked OAH to require service of Student's 178-page first amended complaint. Its attorney swore the firm had not received a matching document and later acknowledged receiving only a 175-page version. Parent responded that service was complete and accused the district of bad faith and retaliation. Because the law requires the filing party to give the other side a copy of the complaint when it is filed, and service was disputed, OAH ordered Parent to serve the complete document by May 12, 2025. Laguna Beach may then ask to reset timelines, and failure to comply may lead to dismissal.
Why it matters
Parents filing on their own must serve the district with the exact, complete complaint or amendment they file with OAH. A partial or disputed service can delay the case, reset timelines, and even risk dismissal.
Key authority cited
- Ed. Code § 56502(c)
People named in the order
- Jennifer Fant, Attorney for Laguna Beach Unified School District
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.
LAGUNA BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025040200
ORDER DIRECTING SERVICE OF AMENDED COMPLAINT
MAY 8, 2025
On April 3, 2025, Student filed a Request for Due Process Hearing, referred to as a complaint, with the Office of Administrative Hearings, naming Laguna Beach Unified School District. The Office of Administrative Hearings is referred to as OAH.
On April 18, 2025, Student filed a document titled Additional Legal Information and Documentation of Denial of FAPE, Procedural Violations, and IEE Violations, deemed to be Student’s first amended complaint. This appeared to be a short-written document and then a large number of screen shots between Parent and numerous other individuals. Including the OAH proof of service form, this document was 178 pages.
OAH granted Student’s motion to amend on April 25, 2025.
Laguna Beach filed a request for service of Student’s first amended complaint on April 30, 2025. Parent filed a response to Laguna Beach’s request for service on May 1,
2025. This was a five-page document that alleged service was complete, Laguna Beach
was engaging in a bad faith argument, OAH accepted service, and retaliation.
On May 2, 2025, Laguna Beach filed a reply to Student’s rebuttal. In its rebuttal of May 2, 2025, Laguna Beach attests to receiving what appears to be a partial copy of Student’s first amended complaint received by OAH on April 18, 2025.
Service of process is fundamental to initiating litigation. The party initiating the complaint is required to provide the other party with a copy of the complaint at the same time it is filed with OAH. (California Education Code Section 56502 (c)). In this instance, Laguna Beach provided a sworn declaration from attorney Jennifer Fant attesting to, as of April 30, 2025, that her firm had not received a document that could match the 178-page description of Student’s first amended complaint. Laguna Beach followed up its original motion with an acknowledgement of receiving a 175-page document that approximates the document received by OAH on April 18, 2025.
As a dispute to service exists, Parent is ordered to serve a complete copy of the 178-page document titled Additional Legal Information and Documentation of Denial of FAPE, Procedural Violations, and IEE Violations on Laguna Beach.
ORDER
1. No later than close of business on Monday, May 12, 2025, Student shall
serve on Laguna Beach a complete copy of the 178-page document titled Additional Legal Information and Documentation of Denial of FAPE, Procedural Violations, and IEE Violations as served on OAH on April 18, 2025.
2. Upon receipt of the complete copy of the 178-page document, Laguna
Beach may file a motion with OAH to reset procedural timelines.
3. Failure to comply may result in dismissal of Student’s complaint.
IT IS SO ORDERED.
Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings