California OAH special education order · May 29, 2018
Order Requiring Additional Information
OAH Case No. 2018041136 · ALJ Penelope S. Pahl
OAH put off ruling on Pittsburg's motion to dismiss and ordered Student to file the court order giving her foster parents educational rights, because standing must be resolved before the case proceeds.
This case went to decision
Student v. Pittsburg Unified School District: Pittsburg Unified denied FAPE by skipping a health assessment for a student with spina bifida; 243 compensatory hours ordered. (2018)
Summary
Pittsburg moved to dismiss Student's due process complaint. It argued the complaint did not plead enough facts to show that Student's foster parents hold her educational rights. Student opposed and Pittsburg replied. OAH found that this standing question must be answered before the case can go forward, so it ordered Student to file the court order granting educational rights by June 4, 2018, allowed Pittsburg to respond by June 7, 2018, and said it would rule on the motion after receiving the document.
Why it matters
Foster parents and other non-biological caregivers who file for due process should be ready to prove they hold educational rights, ideally by attaching the court order, so a district cannot stall or derail the case over standing.
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. 2018041136 v. ORDER REQUIRING ADDITIONAL
INFORMATION
PITTSBURG UNIFIED SCHOOL
DISTRICT.
On April 25, 2018, Parent on behalf of Student filed a request for due process hearing.
On May 18, 2018, Pittsburg Unified School District filed a Motion to Dismiss asserting that Student’s request for due process hearing should be dismissed on the grounds that insufficient facts were pled to establish that Student’s foster parents hold educational rights.
On May 22, 2018 Student filed an opposition to the motion. Pittsburg filed a reply to Student’s opposition on May 22, 2018.
Although no procedure for a summary judgment motion exists in special education law, the Office of Administrative Hearings has granted 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. In this instance, a question has been raised as to whether Student’s foster parents hold educational rights on Student’s behalf. This question of standing must be resolved in order to proceed. Accordingly, Student shall file and serve a copy of the court order granting her foster parents educational rights no later than June 4, 2018. Pittsburg shall file any response to the document filed no later than June 7, 2018. An order shall be issued on Pittsburg’s Motion to Dismiss following the receipt of this additional evidence.
IT IS SO ORDERED.
DATE: May 29, 2018
PENELOPE S. PAHL
Administrative Law Judge Office of Administrative Hearings