California OAH special education order · March 28, 2019
Order Denying Motion to Dismiss Contra Costa County Office of Education from Student's Complaint
OAH Case No. 2019030484 · ALJ Judith Pasewark
OAH denied the county office of education's motion to dismiss. It runs the school where Student is placed under stay put, which makes it a public agency providing special education and a necessary party.
This case went to decision
Student v. Mt. Diablo Unified School District et al.: Mt. Diablo Unified and Contra Costa County Office of Education win residency dispute; disenrolled student's claims denied and stay put vacated. (2019)
Summary
Contra Costa County Office of Education asked to be dismissed from Student's due process complaint. It argued that it is not Student's local educational agency and is not responsible for Student's IEP or free appropriate public education. No party responded to the motion. OAH denied it because the County Office operates Floyd I. Marcus School, and same-day stay put orders require it to reenroll Student there, so it is a public agency providing special education and remains a necessary party.
Why it matters
A county office of education that operates a student's placement can be kept in a due process case even if it is not the student's district of residence, especially when stay put requires it to serve the student. Parents can name the agency actually delivering services.
Key authority cited
- Ed. Code, § 56501, subd. (a)
- Ed. Code, § 56500
- Ed. Code, § 56028.5
- Ed. Code, § 56505, subd. (b)
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. 2019030484 v. ORDER DENYING MOTION TO
DISMISS CONTRA COSTA COUNTY
MT. DIABLO UNIFIED SCHOOL OFFICE OF EDUCATION FROM
DISTRICT, CONTRA COSTA COUNTY STUDENT’S COMPLAINT
OFFICE OF EDUCATION AND CONTRA
COSTA SPECIAL EDUCATION LOCAL
PLAN.
On March 12, 2019, Student filed a Request for Due Process Hearing (complaint)
with the Office of Administrative Hearings, naming Mt. Diablo Unified School District, Contra Costa County Office of Education, and Contra Costa Special Education Local Plan. 1 On March 22, 2019, Contra Costa County Office of Education filed a Motion to Dismiss its office from Student’s complaint alleging Contra Costa County Office of Education is not Student’s local educational agency and has no responsibility for providing Student with a free appropriate public education. Contra Costa County Office of Education however operates Floyd I. Marcus School, which was Student’s current placement until disenrolled by Mt. Diablo on February 22, 2019.
OAH received no response to the Motion to Dismiss from Student, Mt. Diablo Unified School District or Contra Costa Special Education Local Plan.
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.)
Contra Costa Special Education Local Plan Area was dismissed as a party to Student’s complaint pursuant to an Order Granting Dismissal, issued March 28 2019.
DISCUSSION
In the present matter, Contra Costa County Office of Education contends it is not Student’s local educational agency, and is not responsible for developing Student’ IEP program or offer of a free appropriate public education. The County Office of Education, however, falls within the definition of a “public agency” 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.” As Student’s placement under Stay Put statutes (Ed. Code, § 56505, subd. (b).), and OAH Stay Put orders, issued March 28, 2019, requires County Office of Education to reenroll Student at Marcus School, County Office of Education is a public agency providing special education and related services, thusly remaining a necessary party to Student’s complaint.
ORDER
Contra Costa County Office of Education’s Motion to Dismiss Contra Costa County Office of Education is denied The matter will proceed as scheduled against the remaining parties.
IT IS SO ORDERED.
DATE: March 28, 2019
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings