California OAH special education order · October 20, 2025
Order Granting Motion to Strike Student's Closing Brief
OAH Case No. 2025081069 · ALJ Jeanie Min
OAH struck Student's written closing brief because it was filed at 7:28 PM, after the clear 5:00 PM deadline, without any request for leave or notice of technical problems.
This case went to decision
Simi Valley Unified School District v. Student: Simi Valley Unified must fund independent psychoeducational and speech-language evaluations after failing to prove its assessment was legally compliant. (2025)
Summary
After a two-day hearing, the ALJ gave both sides three weeks to file written closing briefs by 5:00 PM on October 16, 2025. Simi Valley filed on time, but Student filed at 7:28 PM. Under OAH's rules, that brief was treated as filed the next business day. Simi Valley moved to strike Student's brief as untimely, and Student opposed, arguing the delay was short, unintentional, and harmless. OAH granted the motion because the deadline was clear and Student neither asked for leave to file late nor told OAH about any technical difficulties.
Why it matters
Closing brief deadlines are strictly enforced, and missing one by even a few hours can mean the ALJ never reads your closing argument. If you cannot meet a deadline, ask OAH for leave or report technical problems before the deadline passes.
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:
SIMI VALLEY UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2025081069
ORDER GRANTING MOTION TO STRIKE STUDENT’S
CLOSING BRIEF
OCTOBER 20, 2025
On August 27, 2025, Simi Valley filed a due process request with the Office of Administrative Hearings, naming Student.
Administrative Law Judge Jeanie Min heard this matter via videoconference on September 24, and 25, 2025. At the close of hearing on September 25, 2025, the ALJ granted a continuance for the parties to file written closing arguments by 5:00 PM on October 16, 2025.
At 4:25 PM on October 16, 2025, Simi Valley filed its written closing brief with OAH. At 7:28 PM on October 16, 2025, Student filed his written closing brief with OAH.
Any documents filed with OAH after 5:00 PM are deemed filed the next business day.
On October 17, 2025, Simi Valley filed a motion to strike Student’s closing brief, as it was untimely. On October 17, 2025, Student filed his opposition to Simi Valley’s motion, arguing that the delay was short, unintentional, and caused no harm to Simi Valley.
Each party was granted three full weeks to submit a written closing brief. The ALJ’s instructions were clear that written closing briefs must be filed by 5:00 PM on October 16, 2025. Student did not seek leave to file a late brief, nor did he contact OAH regarding any technical difficulties regarding filing the brief.
Student did not timely file his closing brief by the deadline. Accordingly, Simi Valley’s motion to strike is granted.
Jeanie Min Administrative Law Judge Office of Administrative Hearings