California OAH special education order · June 24, 2026
Order Denying Request for Mediation, Granting a Short Continuance of Due Process Hearing, and Notice of No Action of Student's Request for Supplemental Sanctions
OAH Case No. 2026050505 · ALJ Cynthia Fritz
OAH granted Tahoe Truckee only a short continuance to July 21, 2026, not the September date it sought, because the district proved unavailability only through July 12. OAH denied mediation because Student would not agree.
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
Tahoe Truckee asked OAH to order mediation and to continue the hearing to September 1, 2026, because of unavailability. Student opposed both and asked for supplemental sanctions in the opposition. Sierra Expeditionary Learning School did not oppose. OAH denied mediation because mediation is voluntary and Student did not agree. It granted only a short continuance, resetting the hearing to July 21–23, 2026, because the district showed it was unavailable only through July 12. OAH took no action on the sanctions request because it was improperly made inside an opposition rather than as its own motion.
Why it matters
A party asking for a continuance gets only as much time as it can show good cause for, so opposing a long continuance can keep the hearing close to schedule. Requests for sanctions must be filed as a separate motion, not tucked into an opposition, or OAH will not act on them.
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)
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.
TAHOE TRUCKEE UNIFIED SCHOOL DISTRICT AND SIERRA
EXPEDITIONARY LEARNING SCHOOL.
OAH CASE NUMBER 2026050505
ORDER DENYING REQUEST FOR MEDIATION, GRANTING
A SHORT CONTINUANCE OF DUE PROCESS HEARING,
AND NOTICE OF NO ACTION OF STUDENT’S REQUEST
FOR SUPPLEMENTAL SANCTIONS
JUNE 24, 2026
Parent on behalf of Student filed a due process hearing request with the Office of Administrative Hearing in May 2026, naming Tahoe Truckee Unified School District, called Tahoe Truckee, and Sierra Expeditionary Learning School. On May 13, 2026, OAH set the hearing to begin in this matter on June 23, 2026.
Pursuant to a notice of insufficiency, on May 19, 2026, OAH determined Student’s due process hearing request insufficient.
On May 21, 2026, Parent on behalf of Student filed a first amended complaint.
OAH reset the timelines in this matter and set the prehearing conference for June 29, 2026, and the hearing to begin on July 7, 2026.
On June 24, 2026, Tahoe Truckee filed a motion for mediation and due process hearing continuance due to unavailability. The same day, Student filed opposition to mediation and a due process continuance and requested supplemental sanctions. Sierra Expeditionary Learning School filed non-opposition to mediation and a continuance.
NOTICE OF NO ACTION
Student’s request for additional sanctions is improperly pled within Student’s opposition to mediation and a continuance. Thus, no action is taken.
THE MEDIATION REQUEST IS DENIED.
Student is not amenable to mediation. OAH’s mediations are voluntary and must be agreed upon by all parties. Thus, the mediation request is denied.
A SHORT CONTINUANCE IS GRANTED.
Tahoe Truckee requests a continuance to September 1, 2026, due to unavailability. Student opposes the continuance.
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 as a result of which the case is not ready for hearing. (See Cal. Rules of Court, rule 3.1332(c).) OAH considers all relevant facts and circumstances, including the proximity of the hearing date; previous continuances or delays; the length of continuance requested; the availability of other means to address the problem giving rise to the request; prejudice to a party or witness as a result of a continuance; the impact of granting a continuance on other pending hearings;
whether trial counsel is engaged in another trial; 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).)
Tahoe Truckee established unavailability to July 12, 2026. Tahoe Truckee failed to establish unavailability beyond July 12, 2026. No other continuances have been granted in this matter. Tahoe Truckee established good cause for a short continuance. Thus, Tahoe Truckee’s request for continuance is granted. All current dates are vacated. The dates are reset as follows:
PREHEARING CONFERENCE will be held on July 13, 2026, at 3:00 PM.
DUE PROCESS HEARING will be held on July 21, 22, and 23, 2026.
PARTICIPANT INFORMATION SHEETS FOR PREHEARING CONFERENCES MUST BE
FILED TWO BUSINESS DAYS PRIOR TO THE DATE OF THE SCHEDULED EVENT.
The hearing will begin at 9:30 AM on all days unless otherwise ordered. The hearing will continue day to day, as needed at the discretion of the Administrative Law Judge. Prehearing conference statements and motions must be filed with OAH and served on all parties no later than three business days before the prehearing conference or with a showing of good cause why it was not timely filed.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings