Orders

The party that filed a Request for Due Process (often called a "complaint") may add more claims or add more facts to the original complaint. If a party wants to include more claims or facts in the complaint, they must send OAH a "Motion to Amend the Complaint."  This section contains a sample of how some judges have ruled on motions to amend complaints.

Any party may make a motion to consolidate two or more cases when the cases involve the same parties and facts. “Consolidate” means to combine the cases so that there is only one hearing. This section contains a sample of how some judges have ruled on motions to consolidate different cases.

Any party may make a motion to postpone the dates for a prehearing conference or hearing.  Asking OAH to postpone dates is called a "Request for Continuance."  This section contains a sample of how some judges have ruled on requests for continuance.

Any party may make a motion to eliminate some, or all, of the issues in a due process hearing request.  This is called a "Motion to Dismiss."  This section contains a sample of how some judges have ruled on motions to dismiss.

Expedited issues proceed very quickly on strict deadlines.  Expedited issues involve student discipline or a district wants to change a student’s school because the district is concerned that they may harm themselves or others.  If any party does not want any issues to be expedited, they may make a motion to “unexpedite” the issues.  This section contains a sample of how some judges have ruled on the parties requests to unexpedite.

If a request for due process does not include enough information, another party may file a “Notice of Insufficiency.”  “Insufficiency” means “not enough facts or information.”  No response to a Notice of Insufficiency is required or expected.  This section contains a sample of how some judges have ruled on a Notice of Insufficiency.

Access sample orders regarding sanctions and shifting costs

A judge may order the parties to provide information as to why OAH should or should not take action to close a case before a hearing.  This section contains a sample of Orders to Show Cause.

If a party does not want the judge that is assigned to the case, there are two ways to get a different judge for the hearing. The first way is called a "Peremptory Challenge." The second way is called a "Challenge for Cause." This section contains a sample of how some judges have ruled on peremptory challenges and challenges for cause.

After filing a complaint, parents may make a motion to keep their child's educational situation the same until the judge determines something needs to change. This is called a motion for "stay put."  This section contains a sample of how some judges have ruled on motions for stay put.