California OAH special education order · December 2, 2025

Order Granting Request for Reconsideration and Upon Reconsideration Granting Motion to Amend

OAH Case No. 2025110486 · ALJ Jennifer Kelly

OAH granted Student's reconsideration request and allowed the amendment adding Moreno Valley, because Student showed Moreno Valley was named in the complaint's body and leaving it off the caption was a clerical error.

Granted Reconsideration

Summary

OAH had denied Student's motion to amend the complaint to add Moreno Valley Unified School District as a party. Student asked for reconsideration and correction of a clerical error. Student showed that the complaint named Moreno Valley in its body and that leaving it out of the caption was a clerical mistake. Neither district responded, and on reconsideration OAH granted the amendment, reset all timelines as of the order date, and removed Los Angeles Unified as a party.

Why it matters

A caption mistake can often be fixed through a prompt reconsideration motion, generally filed within about ten days, that points to new facts such as where the district is named in the complaint's body. Families should know that an amended complaint restarts all hearing timelines.

Key authority cited

  • Gov. Code, § 11521
  • Code Civ. Proc., § 1008
  • Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
  • 20 U.S.C. § 1415(b)(7)
  • 20 U.S.C. § 1415(c)(2)(E)(ii)
  • Ed. Code, § 56502

Topics

reconsideration amended complaint clerical error naming parties timelines reset

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.

LOS ANGELES UNIFIED SCHOOL DISTRICT AND MORENO VALLEY

UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2025110486

ORDER GRANTING REQUEST FOR RECONSIDERATION

AND UPON RECONSIDERATION

GRANTING MOTION TO AMEND

DECEMBER 2, 2025

On November 21, 2025, the undersigned Administrative Law Judge issued an order denying Student’s motion to amend the complaint to add Moreno Valley Unified School District, called Moreno Valley, as a party.

On November 24, 2025, Student filed a motion for reconsideration and motion to correct clerical error. Student served Moreno Valley and Los Angeles Unified School District, called Los Angeles with the motion for reconsideration. OAH did not receive a response from either Moreno Valley or Los Angeles.

The Office of Administrative Hearings, called OAH, 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, 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 Individuals with Disabilities Education Act, called IDEA, and California Education Code require that either party must provide the due process complaint notice to the other party. (20 U.S.C. § 1415(b)(7)(A); Ed. Code, § 56502, subd. (c)(1).) A party “may not have a due process hearing until the party, or the attorney representing the party, files a notice.” (20 U.S.C. § 1415(b)(7)(B).)

Both the IDEA and the Education Code further specify that when a complaint is amended, “the applicable timeline for a due process hearing . . . shall recommence at the time the party files an amended notice. . . .” (20 U.S.C. § 1415(c)(2)(E)(ii); Ed. Code, § 56502, subd. (e).)

Student offers new facts to support reconsideration. Specifically, Student established that it named Moreno Valley in the body of the complaint, and that its failure to name Moreno Valley in the case caption was a clerical error.

ORDER

On reconsideration, Student’s motion to amend the complaint is granted. The first amended complaint Student filed on November 24, 2025, is the operative complaint and shall be deemed filed on the date of this order. All applicable timelines shall be reset as of the date of this order. OAH will issue a scheduling order with the new dates only as to Moreno Valley Unified School District. Los Angeles Unified School District is no longer a party to the case.

IT IS SO ORDERED.

Jennifer Kelly Administrative Law Judge Office of Administrative Hearings