California OAH special education order · September 22, 2014
Order Granting Motion to Dismiss Student's Issue "A"; Order Sua Sponte Dismissing Student's Issue "B"
OAH Case No. 2014090268 · ALJ Darrell Lepkowsky
OAH dismissed Student's Section 504 and ADA disability-discrimination claims against both districts because OAH has no jurisdiction over those laws; the remaining special education issues go to hearing.
This case went to decision
Student v. Huntington Beach Union High School District (consolidated): Huntington Beach Union High must reimburse up to $30,690 for private school and therapy after child find and counseling failures. (2015)
Summary
Newport-Mesa moved to dismiss Student's Issue A, which claimed the district violated Section 504 and the ADA by failing to provide behavioral services because of disability discrimination. Student did not respond. OAH granted the motion because its jurisdiction is limited to IDEA matters. On its own motion, OAH also dismissed Issue B, which made the same claims against Huntington Beach. The remaining issues will proceed to hearing.
Why it matters
Section 504 and ADA discrimination claims cannot be heard in a California special education due process case, so families should frame their claims as IDEA denial-of-FAPE issues and bring disability-discrimination claims in another forum. OAH may dismiss non-IDEA claims on its own even if a district does not ask.
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
- 29 U.S.C. § 701 et seq.
- 20 U.S.C. § 1400(d)(1)
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, OAH Case No. 2014090268 v. ORDER GRANTING MOTION TO
DISMISS STUDENT’S ISSUE “A;”
NEWPORT-MESA UNIFIED SCHOOL ORDER SUA SPONTE DISMISSING
DISTRICT; HUNTINGTON BEACH STUDENT’S ISSUE “B”
UNION HIGH SCHOOL DISTRICT.
On September 3, 2014, Student filed a Request for Due Process Hearing (complaint), naming the Newport-Mesa Unified School District and the Huntington Beach Union High School District as respondents.
On September 15, 2014, Newport-Mesa filed a motion to dismiss Student’s issue “A”
because it alleges causes of action outside the jurisdiction of the Office of Administrative Hearings in due process proceedings. Student has not filed an opposition or other response to Newport-Mesa’s motion.
APPLICABLE LAW, DISCUSSION and ORDER 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,” 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 therefore does not have jurisdiction to entertain claims based on Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), the Americans with Disabilities Act, or section 1983 of title 42 of the United States Code.
Student’s complaint contains five issues labeled as Issues “A” through “E.” Issue “A” contends that Newport-Mesa is in violation of Section 504 and/or the ADA by failing to provide behavioral services due to discrimination based on Student’s disability. In issue “B,”
Student makes the same allegations as to Huntington Beach. As stated earlier, OAH does not have jurisdiction to hear claims based on Section 504 or the ADA.
Newport-Mesa’s motion to dismiss Issue “A,” is GRANTED. Because OAH lacks jurisdiction to hear the allegations in Issues “A,” and “B,” Issue “B” is also dismissed as to Huntington Beach on OAH’s motion. The matter will proceed to hearing as to the remaining issues.
IT IS SO ORDERED.
DATE: September 22, 2014
/S/
DARRELL LEPKOWSKY
Administrative Law Judge Office of Administrative Hearings