California OAH special education order · June 12, 2026
Order Denying Student's Request for Reconsideration of the May 22, 2026 Order Granting Motion to Dismiss Complaint for Student's Failure to Participate in a Resolution Period
OAH Case No. 2026020971 · ALJ Rommel P. Cruz
OAH denied Student's request to reopen a case dismissed for skipping the resolution session because Student offered no new facts and did not show Parent had participated or would participate in resolution.
Summary
OAH dismissed Student's complaint on May 22, 2026 because Student did not take part in a resolution session. On June 8, 2026, Parent filed a request to reopen the case, which OAH treated as a motion for reconsideration. A letter the request said was attached never reached OAH. South Pasadena Unified opposed, and OAH denied the motion because Student gave no new facts, circumstances, or law, did not show Parent took part in a resolution session before the dismissal, and did not show Parent was willing to take part now. The case stays closed, but Student may file a new complaint, which will again require a resolution session unless both parties waive it or agree to mediation.
Why it matters
Families cannot skip the resolution session and then reopen the case without new facts and a showing that they will take part. Filing a new complaint is the practical route, and that complaint will also require a resolution session.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
- 34 C.F.R. § 300.510(a)(3)
- 34 C.F.R. § 300.510(b)(3)
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:
PARENT ON BEHALF OF STUDENT,
v.
SOUTH PASADENA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2026020971
ORDER DENYING STUDENT’S REQUEST FOR
RECONSIDERATION OF THE MAY 22, 2026 ORDER
GRANTING MOTION TO DISMISS COMPLAINT FOR
STUDENT’S FAILURE TO PARTICIPATE IN A RESOLUTION
PERIOD
JUNE 12, 2026
On May 22, 2026, the undersigned Administrative Law Judge issued an order granting South Pasadena Unified School District’s motion to dismiss Student’s due process hearing request, called a complaint, because Student failed to participate in a resolution session, referred to as the May 22, 2026 Order. On June 8, 2026, Parent on behalf of Student filed with the Office of Administrative Hearings, called OAH, a Request for Due Process Hearing Only, called the Request. The Request seeks to reopen this matter. The Request referenced an “attached letter” to the Request. However, OAH did not receive a letter attached to the Request. Student’s request to reopen this case is deemed a motion for reconsideration of the May 22, 2026 Order. On June 9, 2026, South Pasadena Unified filed an opposition to motion for reconsideration.
OAH will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time, generally within ten days. (See, e.g., Gov. Code, § 11521; Code Civ. Proc., § 1008.) The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.)
Student’s motion for reconsideration of the May 22, 2026 Order offers no new facts, circumstances or law to support reconsideration. Student fails to establish that Parent participated in a resolution for this matter prior to the dismissal of the complaint, and fails to demonstrate that Parent is willing to participate in a resolution. Accordingly, Student’s motion for reconsideration of the May 22, 2026 Order is denied. This matter remains closed.
If Student elects to file a new complaint, OAH will assign that complaint a new case number. The filing of the new complaint by Student will require the parties to participate in a resolution session before a due process hearing on the complaint is held, unless the session is waived by both parties or if they agree to use mediation. (34 C.F.R.
§ 300.510(a)(3) and (b)(3).)
ORDER
Student did not establish the May 22, 2026 Order should be reconsidered. The motion for reconsideration is denied. This matter remains closed.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings