California OAH special education order · May 29, 2026
Order Denying Motion to Compel a Response to the Complaint
OAH Case No. 2026030664 · ALJ Laurie Gorsline
OAH denied Student's motion to compel Fremont Unified to respond to the due process complaint as moot because District filed and served its response the same day the motion was filed.
Summary
Student asked OAH to order District to respond to the due process complaint, as federal and state law require. District then filed and served its response and argued the motion was moot. OAH noted that an ALJ must order a response before a hearing can go forward when a district fails to respond. Because District had now responded, OAH denied the motion as moot.
Why it matters
Districts must send a written response to a parent's due process complaint within 10 days, and OAH must order one if they don't. A motion to compel can prompt a late response, but once the district responds, the motion will usually be denied as moot.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(B)(i)(I)
- 34 C.F.R. § 300.508
- Ed. Code § 56502, subd. (d)(2)
- M.C. v. Antelope Valley Union High School Dist. (9th Cir. 2017) 858 F.3d 1189
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.
FREMONT UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2026030664
ORDER DENYING MOTION TO COMPEL A RESPONSE TO
THE COMPLAINT
MAY 29, 2026
On March 13, 2026, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Fremont Unified School District.
On May 18, 2026, Student filed a motion to compel District to respond to the complaint. The motion had no proof of service on District.
On May 18, 2026, District filed a copy of its response to the complaint indicating it had been served on Student’s attorney electronically. District also filed opposition to the motion, stating the motion was moot because its response had been filed and served on Student.
APPLICABLE LAW AND DISCUSSION
The Individuals with Disabilities Education Act requires a school district to send to the parent a response to the parent’s due process complaint, within 10 days of receiving the complaint, if the local education agency has not previously sent a prior written notice to the parent regarding the subject matter contained in the parent's complaint.
(20 U.S.C. § 1415(c)(2)(B)(i)(I); 34 C.F.R. § 300.508; Ed. Code §56502, subd. (d)(2).)
When a school district fails to respond to the complaint, the ALJ must order a response before the hearing can move forward. (See, M.C. by and through his guardian ad litem M.N. v. Antelope Valley Union High School Dist. (9th Cir. 2017) 858 F.3d 1189, 1199-1200.)
After the filing of the motion to compel, District has served and filed its response to the complaint. The motion to compel is denied because it is moot.
IT IS SO ORDERED.
Laurie Gorsline Administrative Law Judge Office of Administrative Hearings