California OAH special education order · December 16, 2025
Order Granting Request to Withdraw Action Without Prejudice
OAH Case No. 2025110763 · ALJ Chris Butchko
OAH granted Parent's request to withdraw the due process case without prejudice because the expedited hearing had not yet begun, but kept jurisdiction so Glendale could seek costs or sanctions.
Summary
Parent filed a due process complaint on November 18, 2025 that included claims requiring an expedited hearing. On December 16, 2025, after the hearing was convened but before the expedited claims were heard, Parent asked to withdraw the case without prejudice to refiling. OAH found the request timely because the hearing had not begun, dismissed the matter, and vacated all expedited and non-expedited hearing dates. OAH kept jurisdiction so Glendale could file a motion to shift costs or for sanctions.
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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:
PARENT ON BEHALF OF STUDENT
v.
GLENDALE UNIFIED SCHOOL DISTRICT
OAH CASE NUMBER 2025110763
ORDER GRANTING REQUEST TO WITHDRAW ACTION
WITHOUT PREJUDICE
DECEMBER 16, 2025
On November 18, 2025, Parent on behalf of Student filed with the Office of Administrative Hearing a due process hearing request, which included claims requiring expedited hearing. On December 16, 2025, after the hearing was convened but prior to the commencement of hearing the expedited claims, Parent asked to withdraw the due process hearing request without prejudice to refiling. As the hearing had not begun, the request was timely made and was granted.
Accordingly, the matter is dismissed as withdrawn, without prejudice to refiling.
The Office of Administrative Hearing will retain jurisdiction to allow Glendale to file a motion to shift costs or for sanctions. All dates set for the expedited and non-expedited hearing are vacated, and the matter will be closed.
IT IS SO ORDERED.
Chris Butchko Administrative Law Judge Office of Administrative Hearings