California OAH special education order · December 31, 2025
Order Denying Motion to Dismiss Request for Due Process Hearing, as Moot
OAH Case No. 2025120710 · ALJ Clifford H. Woosley
OAH denied Glendale Unified's motion to dismiss as moot because a separate order had already found Student's non-expedited issues insufficient and given Student 14 days to amend.
This case went to decision
Student v. Glendale Unified School District: Glendale Unified did not have to hold a manifestation determination review; student's elopements were not disciplinary removals. (2026)
Summary
Glendale Unified moved to dismiss Student's due process complaint. The same day, OAH issued a separate order finding the non-expedited issues insufficiently pled, vacating the non-expedited prehearing conference and hearing, and giving Student 14 days to file an amended complaint. Because no amended complaint had been filed yet, OAH found there was no complaint to dismiss and denied the motion as moot. If Student does not file an amended complaint on time, the non-expedited portion will be dismissed under the insufficiency order.
Why it matters
Once OAH finds a complaint insufficient, a pending motion to dismiss may become moot, and the deadline to amend becomes what matters. Families must file a timely amended complaint or lose the non-expedited claims.
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.
GLENDALE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025120710
ORDER DENYING MOTION TO DISMISS REQUEST FOR
DUE PROCESS HEARING, AS MOOT
DECEMBER 31, 2025
On December 17, 2025, Parents on behalf of Student filed a Due Process Hearing Request, called a complaint, against Glendale Unified School District. On December 18, 2025, based on issues asserted in the complaint, the Office of Administrative Hearings, referred to as OAH, issued a scheduling order setting this matter for expedited mediation, expedited prehearing conference, and expedited hearing and for non- expedited prehearing conference and non-expedited hearing.
On December 23, 2025, Glendale Unified filed this motion to dismiss Student’s complaint.
On December 23, 2025, OAH issued an Order Determining Non-Expedited Issues in Due Process Complaint Insufficient, which ruled that the non-expedited issues of Student’s complaint were insufficiently pled, vacated the non-expedited prehearing conference and hearing, and provided Student 14 days within which to file an amended complaint.
As of this time, there is no complaint to be dismissed because Student has yet to file an amended complaint. If Student fails to timely file an amended complaint, the non-expedited portion of this matter will be dismissed pursuant to the order of insufficiency.
Therefore, Glendale Unified’s motion to dismiss Student’s request for due process hearing is denied, as moot.
IT IS SO ORDERED.
Clifford H. Woosley Administrative Law Judge Office of Administrative Hearings