California OAH special education order · August 12, 2026
Order to Show Cause as to Why Matter Should Not Be Dismissed
OAH Case No. 2026050528 · ALJ Peter Paul Castillo
OAH ordered Father to show cause why his due process case should not be dismissed for lack of standing, after a federal judge found he lacked legal custody and was not an IDEA 'parent.'
Summary
Father filed a due process complaint on Student's behalf against East Side Union High School District. The District had a pending motion to dismiss arguing Father lacked standing. A federal district judge had recently ruled in a related case that Father was not a 'parent' under the IDEA because he lacked legal custody of Student. On its own motion, OAH ordered Father to explain in writing by August 14, 2026 why the case should not be dismissed, and to provide any custody order issued after May 21, 2026 that gives him educational decision-making rights. The District's response was due August 18, 2026.
Why it matters
A parent without legal custody or educational rights may be unable to bring an IDEA due process case. Court findings on custody and standing in related cases can be applied quickly in OAH proceedings, so parents should be ready to show current documents proving their educational rights.
Key authority cited
- Individuals with Disabilities Education Act
- N.D. Cal. Case No. 5:26-cv-01672-EJD, 2026 WL 2283558
People named in the order
- Edward J. Davila, United States District Judge
- Zackery P. Morazzini, Director and Chief Administrative Law Judge, OAH
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.
EAST SIDE UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2026050528
ORDER TO SHOW CAUSE AS TO WHY MATTER SHOULD
NOT BE DISMISSED
AUGUST 12, 2026
On May 8, 2026, Father on behalf of Student filed a request for due process hearing, complaint, naming East Side Union High School District. The Prehearing Conference is presently scheduled for 10:00 AM on August 21, 2026, and due process hearing for September 1 through September 3, 2026. East Side Union High School District has a pending motion to dismiss regarding Father’s standing to prosecute this action.
On August 7, 2026, the Honorable Edward J. Davila, United States District Judge, issued an Order that dismissed Father’s case against Zackery P. Morazzini, Director and Chief Administrative Law Judge, California Office of Administrative Hearings, and East Side Union High School District. (G.D. v. Morazzini (N.D. Cal. Aug. 7, 2026, Case No. 5:26-cv-01672-EJD) 2026 WL 2283558.) Judge Davila’s Order found that Father did not have legal standing to prosecute his legal action against East Side Union High School, OAH Case No. 2025101092, because he did not have legal custody of Student, and therefore not a ‘parent’ with standing to bring an action under the Individuals with Disabilities Education Act. (Id., at *5.)
Therefore, Father is ordered to show cause in writing no later than August 14, 2026, at 5:00 PM as to why this matter should not be dismissed for lack of standing, and to provide any custody order issued after May 21, 2026, that gives him the right to make educational decisions on behalf of Student. Any response by East Side Union High School District is due in writing by August 18, 2026, at Noon.
IT IS SO ORDERED.
Peter Paul Castillo Division Chief Administrative Law Judge Office of Administrative Hearings