California OAH special education order · July 1, 2026
Order Denying Without Prejudice Student's Motion to Withdraw Non-Expedited Issues Without Prejudice
OAH Case No. 2026051154 · ALJ Charles Marson
OAH denied Student's request to withdraw the non-expedited issues without prejudice. The case is one hearing in two parts, the hearing has already begun, and OAH will only dismiss issues mid-hearing with prejudice.
This case went to decision
Student v. Corona-Norco Unified School District: Corona-Norco Unified prevails on behavior claims; IEPs adequately addressed an eighth grader's behavior without an FBA or behavior plan. (2026)
This case went to decision
Student v. Corona-Norco Unified School District: Corona-Norco Unified's manifestation determination upheld; ALJ finds an eighth grader's planned assault was not caused by his ADHD. (2026)
Summary
OAH heard the expedited issues on June 16 through 18, 2026, and issued an Expedited Decision on July 1, 2026. The non-expedited part of the hearing was set to start July 14, 2026. That same day, Student moved to withdraw the non-expedited issues without prejudice. OAH denied the motion because this is a single due process case heard in two parts, the hearing has already begun, and OAH will not dismiss issues during a hearing unless the dismissal is with prejudice. The July 3, 2026 prehearing conference will go forward as scheduled.
Why it matters
When a case is split into expedited and non-expedited phases, the hearing counts as started once the expedited phase begins. After that, a family that drops the remaining issues may lose the right to bring them again later. Parents should decide which issues to pursue before the first phase starts.
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.
CORONA-NORCO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2026051154
ORDER DENYING WITHOUT PREJUDICE STUDENT’S
MOTION TO WITHDRAW NON-EXPEDITED ISSUES
WITHOUT PREJUDICE
JULY 1, 2026
On June 16, 17, and 18, 2026, OAH held the first part of this due process hearing, which addressed the expedited issues in this matter. On July 1, 2026, OAH issued an Expedited Decision. The second part of the due process hearing, on the non-expedited issues, is now calendared to start on July 14, 2026. A prehearing conference is now calendared to be held on July 3, 2026.
On July 1, 2026, Student filed a motion to withdraw the non-expedited issues without prejudice. The motion must be denied because this matter is a single due process case being heard in two parts, and the hearing has already begun. OAH will not dismiss issues during a hearing unless the dismissal is with prejudice.
ORDER
Student’s motion to withdraw non-expedited issues without prejudice is denied without prejudice. The prehearing conference on July 3, 2026, will proceed as now calendared.
Charles Marson Administrative Law Judge Office of Administrative Hearings