California OAH special education order · August 3, 2026

Order Denying Student's Motion to Dismiss Without Prejudice

OAH Case No. 2026051154 · ALJ Charles Marson

OAH denied Student's second request to dismiss the case without prejudice. The hearing had already begun, so Student may now end the case only by dismissing with prejudice.

Denied Dismissals after withdrawal or settlement

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Summary

Student filed a second motion to dismiss the case without prejudice, without a proof of service, the day before the non-expedited part of the hearing was set to start. OAH had denied the same request on July 1, 2026, because the hearing began on June 16, 2026. OAH denied it again. It explained that the Federal Rules of Civil Procedure Student relied on do not apply to California special education hearings. Those hearings are governed by title 5, section 3080 and following of the California Code of Regulations, and secondarily by Chapter 4.5 of the Administrative Procedure Act. The non-expedited hearing will go forward as scheduled unless Student properly dismisses.

Why it matters

Once a due process hearing has begun, including an expedited portion, a family can no longer drop the case and refile later. Any dismissal must be with prejudice, which ends the claims for good. Federal civil court rules on voluntary dismissal do not apply at OAH.

Key authority cited

  • Cal. Code Regs., tit. 5, § 3080 et seq.
  • Gov. Code, Chapter 4.5 (Administrative Procedure Act)
  • Federal Rules of Civil Procedure (held inapplicable)

Topics

voluntary dismissal dismissal without prejudice withdrawal after hearing begins federal rules inapplicable proof of service

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 STUDENT’S MOTION TO DISMISS

WITHOUT PREJUDICE

AUGUST 3, 2026

The non-expedited portion of this due process hearing in this matter is scheduled to start on August 4, 2026. On July 1, 2026, OAH denied the same motion on the ground that a matter may only be dismissed with prejudice after the hearing has begun.

This hearing began on June 16, 2026.

On July 31, 2026, Student filed another motion to dismiss without prejudice, omitting a proof of service.

This second motion to dismiss must also be denied. Student relies on provisions of the Federal Rules of Civil Procedure. Those rules do not govern special education due process hearings in California. Instead, these hearings are governed primarily by section 3080 and following of title 5 of the California Code of Regulations, and secondarily by Chapter 4.5 of California’s Administrative Procedure Act.

Student’s second motion to dismiss without prejudice is denied. At this stage of the hearing, Student may seek dismissal only by dismissing with prejudice. The non- expedited portion of the due process hearing will commence as currently calendared unless properly dismissed.

Charles Marson Administrative Law Judge Office of Administrative Hearings