California OAH special education order · May 30, 2017
Order Granting Motion to Dismiss Issue Three of Complaint
OAH Case No. 2017050096 · ALJ Clifford H. Woosley
OAH dismissed Student's Issue Three, which alleged violations of Section 504 and state civil rights laws, because OAH's jurisdiction is limited to IDEA special education claims.
This case went to decision
Student v. Los Alamitos Unified School District: Los Alamitos Unified wins dismissal after one divorced parent with joint custody revoked consent to special education. (2017)
Summary
Student filed a due process complaint against Los Alamitos Unified School District. District moved to dismiss Issue Three, which claimed District violated Student's rights under Section 504 of the Rehabilitation Act and state civil rights laws, and Student did not oppose. OAH granted the motion. It explained that its jurisdiction covers only matters about a child's identification, evaluation, educational placement, or receipt of a free appropriate public education (FAPE) under the IDEA and the Education Code, not Section 504, ADA, or other civil rights claims.
Why it matters
Parents should not rely on OAH due process to decide Section 504, ADA, or state civil rights claims. Those claims need to be pursued in another forum, while special education complaints at OAH should be framed around IDEA and FAPE issues.
Key authority cited
- 20 U.S.C. § 1400(d)(1)
- 20 U.S.C. § 1415(b)(6)
- Ed. Code, § 56000
- Ed. Code, § 56501, subd. (a)
- Wyner v. Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026
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. 2017050096 v. ORDER GRANTING MOTION TO
DISMISS ISSUE THREE OF
LOS ALAMITOS UNIFIED SCHOOL COMPLAINT
DISTRICT.
On April 28, 2017, Student filed a request for due process (complaint) with the Office of Administrative Hearings, naming Los Alamitos Unified School District. On May 8, 2017, District filed a motion to dismiss Issue Three of the complaint because OAH does not have jurisdiction. Student did not file opposition.
Issue Three alleges that District’s actions denied Student’s rights under Section 504 of the Rehabilitation Act of 1973 and state civil rights laws.
OAH does not have jurisdiction to entertain claims based on Section 504, the ADA, and other related state and federal civil rights laws. 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 a 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.)
Accordingly, OAH does not have jurisdiction to entertain claims based upon Section 504 and other related state and federal civil rights laws.
ORDER
1. District’s motion to dismiss the complaint’s Issue Three is granted.
.
IT IS SO ORDERED.
DATE: May 30, 2017
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings