California OAH special education order · November 30, 2017
Order Denying Motion to Dismiss
OAH Case No. 2017070535 · ALJ Cole Dalton
OAH denied Los Angeles Unified's motion to dismiss issues against El Monte as moot, because OAH had already dismissed El Monte from the case after finding Student did not live in its boundaries.
This case went to decision
Student v. Los Angeles Unified School District: Los Angeles Unified did not violate child find for a private school student who never sought its assessments; all claims denied. (2018)
Summary
Student's complaint named Los Angeles Unified, Birmingham Community Charter High School, and El Monte Union High School District. Los Angeles moved to dismiss Issues 1 and 2 against El Monte as moot, and no one responded. OAH had already held a bifurcated hearing on which district was responsible for Student's education. It then dismissed Birmingham because it was not a responsible local educational agency, and dismissed El Monte because Student did not live within its boundaries. Because El Monte was already out of the case, OAH denied the motion as moot, and the matter will proceed on the issues against Los Angeles.
Why it matters
When a complaint names several agencies, OAH may decide first which district is responsible based on where the parent lives. Once an agency is dismissed on residency grounds, later motions about claims against it become moot.
Key authority cited
- Ed. Code, § 56501, subd. (a)
- Ed. Code, § 56500
- Ed. Code, § 56028.5
- Ed. Code, § 48200
- Union Sch. Dist. v. Smith (9th Cir. 1994) 15 F.3d 1519
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. 2017070535 v. ORDER DENYING MOTION TO
DISMISS
LOS ANGELES UNIFIED SCHOOL
DISTRICT.
On July 14, 2017, Student filed a Request for Due Process Hearing (complaint) with the Office of Administrative Hearings, naming Los Angeles Unified School District, Birmingham Community Charter High School, and El Monte Union High School District.
On November 3, 2017, Los Angeles filed a motion to dismiss Issue 1 and 2 against El Monte, alleging that the issues were moot.
OAH received no response to the motion to dismiss.
APPLICABLE LAW
Special education due process hearing procedures extend to the parent or guardian, to the student in certain circumstances, and to “the public agency involved in any decisions regarding a pupil.” (Ed. Code, § 56501, subd. (a).) A “public agency” is defined as “a school district, county office of education, special education local plan area, . . . or any other public agency . . . providing special education or related services to individuals with exceptional needs.” (Ed. Code, §§ 56500 and 56028.5.)
Education Code section 48200 provides that a child subject to compulsory full-time education shall attend public school in the school district in which the child’s parent or legal guardian resides. The determination of residency under the IDEA or the Education Code is no different from the determination of residency in other types of cases. (Union Sch. Dist. v.
Smith (9th Cir. 1994) 15 F.3d 1519, 1525.)
DISCUSSION
On October 24 and 25, 2017, OAH heard the bifurcated issue of which District was responsible for assessing and offering Student a free appropriate public education for the 2017 – 2018 school year. On October 31, 2017, OAH issued an order dismissing Birmingham because it was not a local educational agency responsible for providing services to Student. OAH dismissed El Monte because Student did not reside within El Monte’s attendance boundaries during the relevant time frame.
OAH’s dismissal of El Monte from this matter rendered all issues pertaining to El Monte moot. Accordingly, Los Angeles’ motion to dismiss issues relating to El Monte is moot and, on that basis, denied.
ORDER
Los Angeles’s motion to dismiss is denied as moot. The matter shall proceed as scheduled on issues relating to Los Angeles.
IT IS SO ORDERED.
DATE: November 30, 2017
COLE DALTON
Administrative Law Judge Office of Administrative Hearings