California OAH special education order · April 28, 2015
Order Denying Motion to Dismiss
OAH Case No. 2015010467 · ALJ Marian H. Tully
OAH denied Student's motion to dismiss District's assessment case because the motion sought a ruling on the merits, and special education law provides no summary judgment procedure.
This case went to decision
Buena Park School District v. Student: Buena Park School District loses bid to defend assessments and reassess without consent after failing to provide Romanian-language plans. (2015)
Summary
Student moved to dismiss District's due process case, arguing District may not assess Student within one year of a previous assessment. The motion also asked OAH to order District to fund independent educational evaluations. District opposed. OAH denied the motion because it was not limited to claims plainly outside OAH's jurisdiction and instead asked for a decision on the merits, which OAH does not make on the pleadings; all existing dates were confirmed.
Why it matters
Arguments that a district cannot reassess, such as the once-a-year limit, and requests for independent evaluations must be proven at hearing, not won through a pretrial motion to dismiss. OAH generally grants dismissal only for claims plainly outside its jurisdiction.
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:
BUENA PARK SCHOOL DISTRICT, OAH Case No. 2015010467 v. ORDER DENYING MOTION TO
DISMISS
PARENT ON BEHALF OF STUDENT.
On April 23, 2015, Student filed a motion to dismiss District’s case (Motion) on the grounds District may not assess Student within one year of a previous assessment. The Motion also requests an order requiring District to fund independent educational evaluations for Student. On April 27, 2015, District filed an opposition.
Although OAH will grant motions to dismiss allegations that are facially outside of OAH jurisdiction (e.g., civil rights claims, section 504 claims, enforcement of settlement agreements, incorrect parties, etc…..), special education law does not provide for a summary judgment procedure. Here, the Motion is not limited to matters that are facially outside of OAH jurisdiction, but instead seeks a ruling on the merits. The Motion is tantamount to a demurrer or motion for summary judgment. OAH does not decide cases on the pleadings.
Accordingly, the motion is denied. All dates currently set in this matter are confirmed.
IT IS SO ORDERED.
DATE: April 28, 2015
/S /
MARIAN H. TULLY
Administrative Law Judge Office of Administrative Hearings