File or Respond to Special Education Motion

When a party wants to ask the judge to do or change something about their case, it is called a “motion.”  A motion is usually made in writing but may also be made verbally during a prehearing conference or due process hearing. 

All other parties have the option to respond to a motion. 

A judge will decide what to do and either write an "Order" or make a verbal ruling on the record during a prehearing conference or during the hearing, telling the parties whether the judge agrees to do what the party asked for in their motion. If a written order is issued, OAH sends a copy of the Order to each party.

OAH does not provide forms for these motions.

Common Types of Motions

• Notice of Insufficiency (must be filed within 15 days of the complaint being filed)
• Motion/Request for Continuance
• Motion for "Stay Put"
• Motion to Dismiss
• Motion to Amend Due Process Complaint
• Motion to Add a Party to the Case
• Motion to Consolidate Two or More Cases
• Motion to Challenge the Judge Assigned to the Hearing (Peremptory Challenge)
• Challenge for Cause (a motion to challenge a judge assigned to the hearing based on a conflict of interest)