California OAH special education order · August 10, 2026
Order to Show Cause as to Why Matter Should Not Be Dismissed for Failing to Appear at the Prehearing Conference; and Setting New Prehearing Conference and Due Process Hearing Dates
OAH Case No. 2026061327 · ALJ Linda Dowd
OAH ordered Student to show cause why the case should not be dismissed after no one appeared for Student at the prehearing conference, despite a reported pending settlement, and reset hearing dates.
Summary
Shortly before the August 10, 2026 prehearing conference, Student's attorney's office told OAH that a settlement might be coming. OAH said someone still had to appear because no dismissal paperwork had been filed. No one appeared for Student, even after the ALJ called Student's attorney twice, resent the Zoom invitation, and waited, and District's counsel also emailed. Because Student filed the case and has a duty to prosecute it, OAH ordered Student to explain under penalty of perjury by August 12, 2026 why the case should not be dismissed, warned that OAH may seek to shift costs to Student's attorney, and continued the PHC to August 17 and the hearing to August 25-27, 2026.
Why it matters
A pending settlement does not excuse a party from appearing at scheduled OAH conferences until dismissal paperwork is filed. Missing an appearance can lead to dismissal of the complaint and possible cost-shifting against the attorney.
Key authority cited
- 20 U.S.C. § 1415(f)(1)(B)(ii)
- 34 C.F.R. § 300.51
- Ed. Code, § 56502, subd. (f)
People named in the order
- Cristina Juarez, Attorney for Antioch Unified School District
- Diana Renteria, Attorney for Student
- Linda Dowd, Administrative Law Judge
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.
ANTIOCH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2026061327
ORDER TO SHOW CAUSE AS TO WHY MATTER SHOULD
NOT BE DISMISSED FOR FAILING TO APPEAR AT THE
PREHEARING CONFERENCE; AND SETTING NEW
PREHEARING CONFERENCE AND DUE PROCESS HEARING
DATES
AUGUST 10, 2026
On June 29, 2026, Student filed a request for due process hearing, called a complaint, with the Office of Administrative Hearings, called OAH. OAH set a prehearing conference, called PHC, for August 10, 2026, at 1:00 PM and the due process hearing to begin on August 18, 2026.
On August 10, 2026, at 12:30 PM a representative from Student’s attorney’s office called OAH notifying it of a potential settlement agreement. OAH informed the representative that someone must appear at the PHC because OAH had not received dismissal paperwork. On August 10, 2026, at 1:00 PM, the undersigned Administrative Law Judge, called an ALJ, convened the PHC. Attorney Cristina Juarez appeared on behalf of Antioch Unified School District. No one appeared on behalf of Student. The ALJ called the number listed for Student’s attorney twice and both times the call was answered then disconnected. The ALJ resent the Zoom invitation with high importance and gave Student 10 minutes to appear. Additionally, attorney Juarez sent an email to Student’s counsel informing them someone needed to appear for the PHC. At 1:20 PM, the ALJ concluded the PHC with no appearance from Student.
If the parent and local education agency have not resolved the due process complaint within 30 days of the receipt of the complaint, OAH is required to issue a decision within the next 45 days, unless a continuance is granted for good cause.
(20 U.S.C. § 1415(f)(1)(B)(ii); 34 C.F.R. § 300.51; Ed. Code, § 56502, subd. (f).)
Student filed the complaint, therefore, has a duty to prosecute the case, which includes Student’s representative appearing at the PHC. Student’s non-compliance with OAH’s procedures and failure to participate in the August 10, 2026 PHC, puts the timely resolution of this matter in doubt. Attorney Diana Renteria, as Student’s representative, is responsible for understanding and following OAH’s procedures, including making all required appearances. Failure to do so may result in the complaint being dismissed and OAH seeking to shift costs to Student’s attorney for wasting judicial resources.
Student is ordered to show cause as to why this matter should not be dismissed for failure to participate, prosecute, or advance this matter.
ORDER
1. Student must file a written response under the penalty of perjury no later
than 5:00 PM on August 12, 2026, explaining the failure to appear on August 10, 2026, and why Student’s complaint should not be dismissed.
2. If no response is received, the case will be dismissed and the matter
closed.
3. If a response is received, Antioch may file a response no later than 5:00 PM
on August 13, 2026.
4. The PHC is continued to August 17, 2026, at 1:00 PM, and the due process
hearing is continued to August 25, 26, and 27, 2026.
Linda Dowd Administrative Law Judge Office of Administrative Hearings