California OAH special education order · May 5, 2026
Order Following Prehearing Conference for Hearing by Videoconference Granting Motion to Unexpedite and Vacating Expedited Hearing Dates
OAH Case No. 2026040949 · ALJ Tiffany Gilmartin
OAH granted San Francisco's motion to unexpedite and vacated the expedited hearing dates because Student stated no discipline-related issue and both sides confirmed Student was never subjected to a disciplinary removal.
Summary
San Francisco moved to take Student's case off the expedited hearing track, and Student opposed. At the prehearing conference, the ALJ asked Student to clarify the issues. Student did not state an issue that requires an expedited hearing under 20 U.S.C. § 1415(k), and both Parent and San Francisco confirmed Student had never been removed for discipline. OAH granted the motion, vacated the expedited dates, ordered Student to file a complete copy of the last agreed-upon and implemented IEP to support the pending stay put motion, and reserved ruling on Student's motion for protective conditions for a minor witness until the May 22, 2026 prehearing conference.
Why it matters
A case gets an expedited hearing only when it raises a discipline-related issue, such as a disciplinary removal or manifestation determination. Families who have no such removal should expect the case to move to the regular hearing timeline.
Key authority cited
- 20 U.S.C. § 1415(k)
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 FRANCISCO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2026040949
ORDER FOLLOWING PREHEARING CONFERENCE FOR
HEARING BY VIDEOCONFERENCE GRANTING MOTION TO
UNEXPEDITE AND VACATING EXPEDITED HEARING DATES
MAY 5, 2026
On May 4, 2026, Administrative Law Judge Tiffany Gilmartin, Office of Administrative Hearings, held a prehearing conference by videoconference. The Administrative Law Judge is called an ALJ. The Office of Administrative Hearings is called OAH. The prehearing conference is called a PHC.
Parent appeared on behalf of Student. Attorney Patrick Swillinger appeared on behalf of San Francisco Unified School District. The PHC was recorded. Based upon discussion with the parties, the ALJ issues the following order:
MOTION TO UNEXPEDITE
San Francisco filed a motion to unexpedite the due process hearing on April 22,
2026. On April 24, 2026, Student filed an opposition to unexpedite the hearing. Both
parties were heard on the record. The undersigned sought clarification of Student’s issues. Student did not state an issue requiring a hearing under 20 U.S.C. § 1415 (k).
Both Parent and San Francisco confirmed Student was never subjected to a disciplinary removal. After hearing from both Parties, San Francisco’s motion to unexpedite was granted. Student’s case will continue on the non-expedited timeline.
All expedited hearing dates are vacated.
STUDENT’S MOTIONS
Student filed a motion for Stay Put on April 17, 2026. Student was directed to file a complete copy of the last agreed upon and implemented individualized education program, IEP, that he believes is the basis of his stay put motion by 5 p.m. on Wednesday, May 6, 2026.
On May 1, 2026, Student filed a motion for Protective Conditions for Testimony of Minor Witness. All special education cases are confidential unless requested otherwise by Student. However, ruling on Student’s motion will be reserved until the prehearing conference scheduled for May 22, 2026 at 1:00 P.M.
IT IS SO ORDERED.
Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings