California OAH special education order · January 22, 2026
Order Denying Request to Reschedule the Expedited Prehearing Conference
OAH Case No. 2026010399 · ALJ Clifford H. Woosley
OAH denied Student's request to move the expedited prehearing conference to a different time. OAH does not hold conferences at the requested times, Parent's other hearing did not conflict, and expedited deadlines cannot be extended.
This case went to decision
Student v. Cupertino Union School District: Cupertino Union wins expedited case: no disciplinary removals proven, so no manifestation determination was required. (2026)
This case went to decision
Student v. Cupertino Union School District: Cupertino Union prevails in expedited discipline case; student's exclusion from after-school program was not a disciplinary removal. (2026)
Summary
Student asked OAH to move the January 26, 2026 expedited prehearing conference from 3:00 PM to between noon and 1:00 PM or after 4:00 PM. Student said Parent's involvement in another ongoing due process hearing interfered. OAH denied the request for three reasons: it only holds prehearing conferences at 10:00 AM, 1:00 PM, and 3:00 PM on Mondays and Fridays; nothing was scheduled in Parent's other case on January 26; and federal law requires the expedited hearing to begin within 20 school days of filing, so it cannot be continued.
Why it matters
Expedited cases run on fixed federal timelines, and OAH holds prehearing conferences only in set time slots. Parents asking for a schedule change in an expedited case need to show a real, specific conflict with the scheduled time.
Key authority cited
- 20 U.S.C. § 1415(k)(4)(B)
- 34 C.F.R. § 300.532(c)(2)
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.
CUPERTINO UNION SCHOOL DISTRICT.
OAH CASE NUMBER 2026010399
ORDER DENYING REQUEST TO RESCHEDULE THE
EXPEDITED PREHEARING CONFERENCE
JANUARY 22, 2026
On January 13, 2026, Parent on behalf of Student filed a request for due process, called a complaint, with the Office of Administrative Hearings, called OAH, naming Cupertino Union School District. Student’s complaint contained allegations which required an expedited hearing, and other assertions which could proceed to a nonexpedited hearing.
On January 13, 2026, OAH issued a Scheduling Order, setting the expedited prehearing conference on January 26, 2026, at 3:00 PM, and the expedited hearing for February 3, 4, and 5, 2026. For the nonexpedited issues, OAH set the prehearing conference for February 23, 2025, and the hearing for March 3, 4, and 5, 2026.
On January 22, 2026, Student filed a motion to continue, which asked that the time of the January 26, 2026 expedited prehearing conference be changed from 3:00 PM to sometime between noon and 1:00 PM or after 4:00 PM.
OAH schedules prehearing conferences for 10:00 AM, 1:00 PM, and 3:00 PM, on Mondays and Fridays. OAH does not hear prehearing conferences between 1:00 and 3:00 PM or after 4:00 PM. Prehearing conferences were addressed in the attachments to the January 13, 2026, OAH Scheduling Order and the prehearing conference scheduling is posted on OAH’s website at: https://www.dgs.ca.gov/OAH/Case-Types/Special- Education/Calendar Student also failed to demonstrate that Parent is unable to attend the expedited prehearing conference on January 26, 2026, at 3:00 PM. Student asserts that Parent’s involvement in the ongoing due process hearing, in OAH Case No. 2025110210, interferes with Parent’s ability to attend the expedited prehearing conference at its designated time. However, no hearing or conference is scheduled in OAH Case No.
2025110210 for Monday, January 26, 2026. Therefore, Parent’s ability to appear at the expedited prehearing conference is this matter is not hampered by Parent’s required attendance at the hearing in OAH Case No. 2025110210 Finally, OAH cannot continue this expedited prehearing conference or expedited hearing. OAH is required to begin the expedited hearing within 20 school days of the complaint’s filing and then issue the expedited decision issue within 10 school days after the hearing ends. (20 U.S.C. § 1415(k)(4)(B); 34 C.F.R. 300.532(c)(2).)
Student’s motion to change the time of the January 26, 2026, expedited prehearing conference is denied.
IT IS SO ORDERED.
Clifford H. Woosley Administrative Law Judge Office of Administrative Hearings