California OAH special education order · February 12, 2015
Order Granting Motion to Dismiss Student's Issue Number Two
OAH Case No. 2014090268 · ALJ Paul H. Kamoroff
OAH dismissed Student's Section 504/ADA discrimination claim against Huntington Beach because OAH lacks jurisdiction over those laws; the remaining IDEA issues proceed 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
Huntington Beach moved to dismiss Student's issue two, which alleged that the district violated Section 504 and/or the ADA by failing to provide behavioral services because of disability discrimination. Student did not oppose the motion. OAH granted it because OAH's jurisdiction is limited to IDEA matters such as identification, evaluation, placement, and provision of a FAPE, and does not reach Section 504, ADA, or section 1983 claims. The case will go to hearing on the remaining issues.
Why it matters
Disability discrimination claims under Section 504 or the ADA cannot be decided in an OAH due process hearing. Families should frame due process claims as IDEA/FAPE violations and bring discrimination claims in another 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
- 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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2014090268 v. ORDER GRANTING MOTION TO
DISMISS STUDENT’S ISSUE
NEWPORT-MESA UNIFIED SCHOOL NUMBER TWO
DISTRICT AND HUNTINGTON BEACH
UNION HIGH SCHOOL DISTRICT.
On January 6, 2015, Parent on behalf of Student filed an Amended Request for Due Process Hearing, naming the Newport-Mesa Unified School District and the Huntington Beach Union High School District.
On January 29, 2015, Huntington Beach filed a motion to dismiss Student’s issue “number two” because it alleges causes of action outside the jurisdiction of the Office of Administrative Hearings. 1 Student has not filed an opposition.
APPLICABLE LAW, DISCUSSION and ORDER The purpose of the Individuals with Disabilities Education Act (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.)
1 Student’s issue two is identified as issue “B” in the amended complaint.
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 issue two contends that Huntington Beach is in violation of Section 504 and/or the ADA by failing to provide behavioral services due to discrimination based on Student’s disability. OAH does not have jurisdiction to hear claims based on Section 504 or the ADA.
For the foregoing reasons, Huntington Beach’s motion to dismiss issue two is granted.
The matter will proceed to hearing as to the remaining issues unless otherwise ordered.
IT IS SO ORDERED.
DATE: February 12, 2015
/S /
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings