California OAH special education order · July 2, 2013

Order Granting Partial Motion to Dismiss

OAH Case No. 2013060620 · ALJ Margaret Broussard

OAH dismissed Student's issue four, which alleged violations of Section 504, the ADA, and state civil rights laws, because OAH has no jurisdiction over those claims.

Granted Motions to dismiss

This case went to decision

Student v. Newport-Mesa Unified School District: Newport-Mesa Unified violated Child Find for a senior with a brain injury; must fund $2,600 in tutoring and two assessments. (2014)

Summary

The District filed a partial motion to dismiss issue four of Student's complaint, and Student did not oppose it. Issue four claimed that the District's denial of a FAPE also violated Student's rights under Section 504, the ADA, and state civil rights laws. OAH granted the motion because its jurisdiction is limited to IDEA matters: identification, assessment, educational placement, and the provision of a FAPE. The case will go forward as scheduled on all of Student's other issues.

Why it matters

OAH special education hearings cannot decide Section 504, ADA, or state civil rights claims, so families should frame their due process issues under the IDEA and Education Code. Discrimination claims need to be brought in a different forum.

Key authority cited

  • 20 U.S.C. § 1415(b)(6)
  • Ed. Code, § 56501, subd. (a)
  • Wyner v. Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026
  • 20 U.S.C. § 1400(d)(1)

Topics

motion to dismiss jurisdiction section 504 ada civil rights claims unopposed

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:

PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013060620

v. ORDER GRANTING PARTIAL

MOTION TO DISMISS

NEWPORT-MESA UNIFIED SCHOOL

DISTRICT.

On June 21, 2013, the Newport-Mesa Unified School District (District) filed a partial motion to dismiss with the Office of Administrative Hearings (OAH). No opposition was received from Student.

APPLICABLE LAW

The purpose of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400 et. seq.) is to “ensure that all children with disabilities have available to them a free appropriate public education” (FAPE), and to protect the rights of those children and their parents. (20 U.S.C. § 1400(d)(1)(A), (B), and (C); see also Ed. Code, § 56000.) A party has the right to present a complaint “with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.” (20 U.S.C. § 1415(b)(6); Ed. Code, § 56501, subd. (a) [party has a right to present a complaint regarding matters involving proposal or refusal to initiate or change the identification, assessment, or educational placement of a child; the provision of a FAPE to a child; the refusal of a parent or guardian to consent to an assessment of a child;

or a disagreement between a parent or guardian and the public education agency as to the availability of a program appropriate for a child, including the question of financial responsibility].) The jurisdiction of OAH is limited to these matters. (Wyner v. Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026, 1028-1029.)

OAH does not have jurisdiction to entertain claims based on section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.) (Section 504) section 1983 of title 42 United States Code, No Child Left Behind (NCLB), the Americans with Disabilities Act (ADA) and state civil rights statutes.

DISCUSSION

The District has moved to dismiss issue four in Student’s complaint as it alleges violations that are not within the jurisdiction of OAH. In Student’s issue four, Student contends that the District’s violations of Student’s right to a FAPE resulted in a denial of Student’s rights under “Section 504, ADA and State civil rights laws.”

Issue four of the Student’s complaint alleges violations of Section 504, ADA and state civil rights statutes which are not within the jurisdiction of OAH. Therefore, issue four is dismissed.

ORDER

District’s partial motion to dismiss is granted as to issue four. The matter will proceed as scheduled as to all other issues in Student’s complaint.

IT IS SO ORDERED.

Dated: July 02, 2013 /s/

MARGARET BROUSSARD

Administrative Law Judge Office of Administrative Hearings