California OAH special education order · June 29, 2026
Order Following Prehearing Conference for Hearing by Videoconference; Order to Show Cause Why Case Should Not Be Dismissed for Failure to Appear at Prehearing Conference; Setting Prehearing Conference and Due Process Hearing
OAH Case No. 2026051000 · ALJ Paul H. Kamoroff
OAH ordered Student's attorney to show cause why Student's complaint should not be dismissed for failure to prosecute after she failed to appear at the mandatory prehearing conference despite repeated contact attempts.
Summary
Student's attorney did not appear at the videoconference prehearing conference, which had been moved to 2:00 PM after OAH granted Baldwin Park's peremptory challenge. OAH and Baldwin Park's attorney each called her several times. OAH, on its own motion, set an Order to Show Cause hearing for July 10, 2026, where Student's counsel must explain why the complaint should not be dismissed for failure to prosecute. OAH reasoned that the party who files a complaint has a duty to prosecute it, including attending the mandatory PHC. The PHC was continued to follow the OSC hearing, and the due process hearing was reset to July 21 through 23, 2026.
Why it matters
The family that files a due process complaint must actively pursue it, and missing a mandatory prehearing conference can put the whole case at risk of dismissal. Parents should confirm their attorney is tracking all OAH schedule changes, including same-day changes.
Key authority cited
- Gov. Code § 11455.10
- Ed. Code § 56500.1
- Ed. Code § 56502
- Ed. Code § 56505
People named in the order
- Paul H. Kamoroff, Administrative Law Judge
- Diana Renteria, Student's attorney
- Sundee Johnson, Baldwin Park's attorney
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.
BALDWIN PARK UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2026051000
ORDER FOLLOWING PREHEARING CONFERENCE FOR
HEARING BY VIDEOCONFERENCE; ORDER TO SHOW
CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR
FAILURE TO APPEAR AT PREHEARING CONFERENCE;
SETTING PREHEARING CONFERENCE AND DUE PROCESS
HEARING
JUNE 29, 2026
On June 29, 2026, Administrative Law Judge Paul H. Kamoroff, 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.
Student failed to appear at the PHC. OAH sent Student’s attorney Diana Renteria an email invitation to join the videoconference PHC and attempted to contact her by telephone several times, yet no appearance was made for Student. Attorney Sundee Johnson represented Baldwin Park Unified School District, called Baldwin Park. OAH recorded the PHC. Based upon discussion with the parties, the ALJ issues the following order:
ORDER TO SHOW CAUSE:
On May 20, 2026, Student filed a request for due process hearing with OAH, naming Baldwin Park. On May 26, 2026, OAH ordered the PHC to take place on June 29, 2026, at 1:00 PM, and for the hearing to take place on July 7, 2026, through July 9, 2026.
On June 29, 2026, at 1:00 PM, OAH granted Baldwin Park’s peremptory challenge and moved the PHC to 2:00 PM. OAH immediately informed each party of this change and sent updated email invitations to each party.
On June 29, 2026, at 2:00 PM, the undersigned Administrative Law Judge convened the PHC by videoconference. Attorney Sundee Johnson appeared for Baldwin Park. No appearance was made for Student. OAH and Baldwin Park’s attorney each contacted Student’s attorney several times by telephone to remind her the PHC was being convened, but Student’s attorney failed to appear.
The Administrative Procedures Act governs hearings held before OAH. Government Code section 11455.10 states that a person is subject to contempt sanctions for disobedience of or resistance to a lawful order. California Education Code section 56500.1, et. seq., sets forth the procedural safeguards for due process hearings. Education Code section 56502 establishes the procedural requirements and timelines for holding due process hearings and issuing decisions, absent continuance requests. Education Code section 56505 establishes the rights of the parties to be informed by the other party to the hearing what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, at least 10 days before the hearing. It also establishes the rights of the parties to receive a copy of all documents and a list of all witnesses intended to be presented at hearing, at least five business days before the hearing. These are detailed in OAH’s Prehearing Conference Orders.
When a party files a complaint pursuant to the Individuals with Disabilities Education Act, that party has a duty to prosecute the case, which includes disclosing their witnesses and documentary evidence and otherwise prepare for hearing by attending the mandatory PHC. Student’s election to forego attending the PHC is disruptive of the OAH hearing process.
Therefore, OAH issues the following Order:
1. Order to Show Cause: A videoconference Order to Show Cause Hearing is set
for July 10, 2026, at 10:00 AM., at which time both parties must appear and Student’s counsel must show cause why Student’s complaint should not be dismissed for failure to prosecute this matter.
2. The videoconference PHC is continued to July 10, 2026, at 10:00 AM and will
be heard immediately following the Order to Show Cause Hearing, unless the matter has been dismissed.
3. The due process hearing is continued to July 21, 2026, through July 23, 2026.
The hearing will proceed day by day thereafter at the discretion of the Administrative Law Judge The hearing will be conducted by videoconference and will proceed from 9:30 AM to approximately 3:30 PM on each day of hearing unless otherwise ordered.
4. This Order includes all rulings made at the PHC.
IT IS SO ORDERED.
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings