California OAH special education order · July 11, 2017
Order Denying Los Alamitos Unified School District's Motion to Dismiss Issue 1
OAH Case No. 2017050096 · ALJ Peter Paul Castillo
OAH denied District's motion to dismiss Student's Issue 1, which argued Father lawfully exited Student from special education, because the motion sought a merits ruling and special education law has no summary judgment procedure.
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
District moved to dismiss Student's Issue 1, arguing that Student's Father had lawfully exited Student from special education and related services. Student, represented by Mother, did not respond. OAH denied the motion. It explained that it dismisses only claims that are plainly outside its jurisdiction, and District's motion instead asked for a decision on the merits of whether District properly exited Student, which requires a hearing. All existing dates were confirmed.
Why it matters
A district cannot use a motion to dismiss to win a disputed factual question, such as whether one parent validly exited a child from special education, before a hearing. Parents get to present evidence even when they do not file an opposition.
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 DENYING LOS ALAMITOS
UNIFIED SCHOOL DISTRICT’S
LOS ALAMITOS UNIFIED SCHOOL MOTION TO DISMISS ISSUE 1
DISTRICT.
On April 28, 2017, Mother, on behalf of Student, filed with the Office of Administrative Hearings a request for due process hearing against Los Alamitos Unified School District. On June 22, 2017, District filed a motion to dismiss Student’s Issue 1 with OAH, asserting that Student’s Father lawfully exited Student from special education and related services. Student, as represented by Mother, did not file a response.
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, District’s motion to dismiss Issue 1 is not limited to matters that are facially outside of OAH jurisdiction, but instead seeks a ruling on the merits as to whether District properly exited Student from special education. Accordingly, the motion is denied. All dates currently set in this matter are confirmed.
IT IS SO ORDERED.
DATE: July 11, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings