California OAH special education order · July 20, 2026
Order Accepting Amended Complaint and Determining Notice of Insufficiency to Initial Complaint Moot
OAH Case No. 2026070295 · ALJ Joy Redmon
OAH accepted Student's amended complaint, filed after San Lorenzo's Notice of Insufficiency but before a ruling, and found the Notice of Insufficiency moot because the original complaint is no longer operative.
Summary
San Lorenzo filed a Notice of Insufficiency to Student's due process complaint. Before OAH ruled, Student filed an amended complaint raising both expedited and non-expedited claims. OAH accepted the amended complaint in this limited instance and deemed it filed on the date of the order, which restarts the hearing timelines. Because the original complaint is no longer operative, OAH found San Lorenzo's Notice of Insufficiency moot, and San Lorenzo may still challenge the amended complaint.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(E)(i)
- 20 U.S.C. § 1415(c)(2)(E)(ii)
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.
SAN LORENZO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2026070295
ORDER ACCEPTING AMENDED COMPLAINT AND
DETERMINING NOTICE OF INSUFFICIENCY TO INITIAL
COMPLAINT MOOT
JULY 20, 2026
On July 3, 2026, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming San Lorenzo Unified School District. The Office of Administrative Hearings is referred to as OAH. On July 17, 2026, San Lorenzo filed a Notice of Insufficiency to Student’s complaint. Prior to OAH ruling on the Notice, Student filed an amended complaint. Student’s amended complaint raises both expedited and non-expedited claims.
An amended complaint may be filed when the other party consents in writing and is given the opportunity to resolve the complaint through a resolution session, or when the hearing officer grants permission. The hearing officer may grant permission at any time more than five days before the due process hearing. (20 U.S.C.
§1415(c)(2)(E)(i).) The filing of an amended complaint restarts the applicable timelines for the due process hearing. (20 U.S.C. §1415(c)(2)(E)(ii).)
Typically, amended complaints are only accepted if either pre-authorized when a Notice of Insufficiency is granted or when accompanied by a Motion to Amend. In this case, Student filed an amended complaint in response to the Notice of Insufficiency but prior to a ruling. In this limited instance, Student’s amended complaint will be accepted and the amended compliant deemed filed on the date of this order.
As the original complaint is no longer operative, San Lorenzo’s Notice of Insufficiency is deemed moot. Nothing in this Order prevents San Lorenzo from filing a Notice of Insufficiency to Student’s amended complaint.
Student is on notice that no additional amended complaints will be accepted unless accompanied by a Motion to Amend the Complaint or preauthorized in an order granting a Notice of Insufficiency. Additionally, the parties are on notice that since Student’s amended complaint raises expedited and non expedited claims, the scheduling order will include dates for both.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings