California OAH special education order · January 23, 2026

Order Denying Request to Compel Response for Educational Records

OAH Case No. 2025120977 · ALJ Cynthia Fritz

OAH denied Student's motion to compel Poway Unified to respond to educational records requests because Student attached neither the records request nor a supporting declaration, but Student may refile.

Denied without prejudice Subpoenas, motions to compel, and records

Summary

Student's counsel asked OAH to compel Poway Unified School District to respond to educational records requests sent on January 6, 9, and 10, 2026, which counsel said went unanswered. OAH denied the motion because Student did not attach the records request or a declaration supporting the motion. The denial does not prevent Student from refiling with proper supporting documents and a declaration.

Why it matters

A motion to compel records must include proof. Attach the actual records request and a declaration showing when it was sent and that the district did not respond, or OAH may deny the motion on procedural grounds alone.

Topics

educational records motion to compel supporting declaration procedural defect denied without prejudice

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.

POWAY UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2025120977

ORDER DENYING REQUEST TO COMPEL RESPONSE FOR

EDUCATIONAL RECORDS

JANUARY 23, 2026

On December 19, 2025, Parent on behalf of Student filed a due process hearing request with the Office of Administrative Hearings, called OAH, naming Poway Unified School District. On January 22, 2026, Student filed a motion to compel response to educational records request.

Student’s counsel argues that it requested educational records on January 6, 9, and 10, 2026, and Poway Unified School District failed to respond to the requests.

Student now seeks the Office of Administrative Hearings to compel Poway Unified to respond to the request.

Student neither attached the request for educational records to the motion nor a declaration in support of the motion. Thus, Student’s request is denied. Student is not precluded from refiling the request with appropriate supporting documentation and declaration.

IT IS SO ORDERED.

Cynthia Fritz Administrative Law Judge Office of Administrative Hearings