California OAH special education order · July 10, 2026
Order Denying Motion for Finding of Default
OAH Case No. 2026050505 · ALJ Alexa Hohensee
OAH denied Student's motion for a finding of default against Tahoe Truckee and Sierra because special education law has no summary judgment procedure and Student cited no authority for a default remedy.
This case went to decision
Student v. Tahoe Truckee Unified School District et al.: Tahoe Truckee Unified and Sierra Expeditionary Learning School win on all four claims, including child find, for a first grader. (2026)
Summary
Student asked OAH to find Tahoe Truckee and Sierra in default before the hearing. Student argued that events since the May 2026 complaint, including the districts' continuance requests, showed bad faith. Student had already sought sanctions over those continuance requests, and OAH had denied them. Neither Tahoe Truckee nor Sierra responded, but OAH still denied the motion: special education law does not allow a summary judgment procedure, and Student cited no authority for winning on the merits because of the other side's alleged procedural misconduct. All existing dates were confirmed.
Why it matters
Parents cannot win a special education case by default or summary judgment because of a district's procedural conduct, even when the district does not oppose the motion. Claims must be proven at hearing, and complaints about litigation conduct belong in a properly supported sanctions motion.
Key authority cited
- 20 U.S.C. § 1400 et seq.
- 20 U.S.C. § 1415(b) & (c)
- 20 U.S.C. § 1415(j)
- 34 C.F.R. § 300.518(a)
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.
TAHOE TRUCKEE UNIFIED SCHOOL DISTRICT AND SIERRA
EXPEDITIONARY LEARNING SCHOOL.
OAH CASE NUMBER 2026050505
ORDER DENYING MOTION FOR FINDING OF DEFAULT
JULY 10, 2026
On July 7, 2026, Student filed a motion for finding of default. No response was received from Tahoe Truckee Unified School District, called Tahoe Truckee, or Sierra Expeditionary Learning School, called Sierra.
Student’s motion, with Parent’s sworn declaration at the end, lists a series of events occurring from the filing of the complaint in May 2026 through July 2026.
Student contends these events demonstrate such bad faith on the part of Tahoe Truckee and Sierra, and their administration and staff, that OAH should make a formal finding of default prior to the hearing in this matter.
Student relies, in part, on Tahoe Truckee’s and Sierra’s requests for continuance of the due process hearing in this matter, which Student contends are an abuse of the administrative process, and for which Student has previously sought sanctions from OAH and was denied.
Although OAH will grant procedural motions contemplated by the Individuals with Disabilities Education Act (20 U.S.C. § 1400, et seq.), called the IDEA, such as notices of insufficiency (20 U.S.C. § 1415(b) & (c)) and motions for stay put (20 U.S.C. § 1415(j);
34 C.F.R. § 300.518(a) (2006)), special education law does not provide for a summary judgment procedure. Here, Student’s motion seeks a ruling that Student prevails on the merits, based on a default due to Tahoe Truckee’s and Sierra’s perceived procedural errors. Student cites no authority for such a remedy.
Accordingly, the motion for finding of default is denied. All dates currently set in this matter are confirmed.
IT IS SO ORDERED.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings