California OAH special education order · October 6, 2015

Notice of No Action Needed Regarding Request for Bypass Provision

OAH Case No. 2015080259 · ALJ Alexa J. Hohensee

OAH took no action on Parent's request for a federal 'bypass' under 34 C.F.R. 300.190 because only the U.S. Secretary of Education can take that action, which is beyond OAH's jurisdiction.

Ruling Jurisdiction

This case went to decision

Student v. Winters Joint Unified School District et al.: Winters and Davis Joint Unified prevail on all claims; missing 2014 IEP goals were harmless procedural error. (2015)

Summary

Parent, on behalf of Student, asked for a 'bypass provision' under 34 C.F.R. section 300.190. That regulation lets the U.S. Secretary of Education act when a state or local agency fails or refuses to provide for equitable participation of private-school children with disabilities. OAH found that a request for action by the U.S. Secretary of Education is beyond its jurisdiction, so no response or action was required.

Why it matters

OAH cannot grant federal bypass relief for private-school students with disabilities. Families seeking that remedy must go to the U.S. Department of Education, not file the request in an OAH due process case.

Key authority cited

34 C.F.R. § 300.190

Topics

bypass provision private school students equitable participation oah jurisdiction u.s. secretary of education

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. 2015080259 v. NOTICE OF NO ACTION NEEDED

REGARDING REQUEST FOR BYPASS

DAVIS JOINT UNIFIED SCHOOL PROVISION

DISTRICT AND WINTERS JOINT

UNIFIED SCHOOL DISTRICT.

On September 30, 2015, Parent on behalf of Student filed a request for bypass provision, citing 34 Code of Federal Regulations part 300.190 (2006). That regulation provides that administrative action may be taken by the U.S. Secretary of Education to address a state or local educational agency’s failure or unwillingness to provide for equitable participation in special programs of children with disabilities enrolled in private schools.

Parent’s request for administrative action by the U.S. Secretary of Education is beyond the jurisdiction of OAH. No action is required in response to this request.