California OAH special education order · June 24, 2026
Order to Show Cause Re Reassignment to Another Administrative Law Judge
OAH Case No. 2025100675 · ALJ Peter Paul Castillo
OAH set a telephonic trial status conference after Student objected to reassigning the decision to a new ALJ, because the hearing ALJ had a medical absence after the hearing ended.
Summary
The hearing finished, but the ALJ who heard the case then had medical complications that kept her from writing the decision. OAH's Division Chief reassigned the decision to another ALJ so it could be issued on time. Student objected to the reassignment and asked for a stay until Student could be heard. OAH set a telephonic trial status conference for June 29, 2026, and asked both parties to submit their preferences by noon that day: wait for the original ALJ to return, reassign the decision, or hold a new hearing.
Key authority cited
- 34 C.F.R. § 300.515(a), (c)
- Ed. Code, § 56502, subd. (f)
- Ed. Code, § 56505, subd. (f)(3)
- Cal. Code Regs., tit. 1, § 1020
- Cal. Rules of Court, rule 3.1332(c), (d)
People named in the order
- Thanayi Lindsey, Administrative Law Judge who presided over the hearing
- Jennifer Kelly, Administrative Law Judge to whom the decision was reassigned
- Peter Paul Castillo, Division Chief Administrative Law Judge
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 DIEGO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025100675
ORDER TO SHOW CAUSE REASSIGNMENT TO ANOTHER
ADMINISTRATIVE LAW JUDGE
JUNE 24, 2026
On October 17, 2025, Student filed a request for due process hearing, complaint that named San Diego Unified School District. The Office of Administrative Hearings, known as OAH, granted three continuance requests before the start of the hearing.
On April 21, 22, and 23, 2026, May 12, 13, and 14, 2026, and June 4 and 8, 2026, Student and San Diego Unified School District participated in hearing before Administrative Law Judge Thanayi Lindsey. During the hearing, OAH granted two further continuances. The parties were granted a continuance of the hearing to July 6, 2026, for submission of written closing briefs. The decision due date for this matter is August 10, 2026.
After completion of the hearing, ALJ Lindsey suffered medical complications preventing her from working on the decision in this matter for several months.
On June 18, 2026, Division Chief Administrative Law Judge issued an order that reassigned the decision to ALJ Jennifer Kelly due to ALJ Lindsey’s extended absence so that the decision could be issued timely.
On June 23, 2026, Student’s Attorney, filed an Objection to Case Reassignment that sought a stay until Student could be heard on this issue.
Accordingly, a Telephonic Trial Status Conference is set to discuss Student’s request to be heard regarding the impact of ALJ Lindsey’s medical absence on the completion of the decision.
A due process hearing must be conducted and a decision rendered within 45 days of receipt of the due process notice unless an extension is granted for good cause. (34 C.F.R. § 300.515(a) & (c) (2006); Ed. Code, §§ 56502, subd. (f), 56505, subd. (f)(3); Cal. Code Regs., tit. 1, § 1020.) As a result, continuances are disfavored.
Good cause may include the unavailability of a party, counsel, or an essential witness due to death, illness or other excusable circumstances; or another significant, unanticipated change in the status of the case because of which the case is not ready for hearing. (See Cal. Rules of Court, rule 3.1332(c).) The Office of Administrative Hearings considers all relevant facts and circumstances, including the availability of other means to address the problem giving rise to the request; prejudice to a party as a result of a continuance; whether the parties have stipulated to a continuance; whether the interests of justice are served by the continuance; and any other relevant fact or circumstance.
(See Cal. Rules of Court, rule 3.1332(d).)
Therefore, a Telephonic Trail Status Conference will be held with Division Chief Administrative Law Judge Peter Paul Castillo to discuss how this case shall proceed with the parties. Parties are requested to submit to OAH by Noon on June 29, 2026, their preference as to various options, such as a continuance for after ALJ Lindsey’s return to complete the decision, reassigning the decision to another ALJ, or conducting a new hearing. The Telephonic Status Conference is set forth below:
Telephonic Trial Status Conference: June 29, 2026, at 3:00 PM. OAH shall initiate the phone call for the Telephonic Status Conference. OAH reserves the right to cancel the Telephonic Status Conference and issue an order based on the parties’ responses.
IT IS SO ORDERED.
Peter Paul Castillo Division Chief Administrative Law Judge Office of Administrative Hearings