California OAH special education order · March 28, 2019
Order Granting Motion to Dismiss Contra Costa Special Education Local Plan Area
OAH Case No. 2019030484 · ALJ Judith Pasewark
OAH dismissed Contra Costa SELPA from Student's case because it was not Student's local educational agency, had no duty to provide Student a FAPE, and faced no allegations in the complaint.
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
Student filed a due process complaint naming Mt. Diablo Unified School District, the Contra Costa County Office of Education, and Contra Costa SELPA. Contra Costa SELPA moved to dismiss, arguing it was not Student's local educational agency and had no responsibility for providing Student a free appropriate public education. Student did not respond. OAH granted the motion, finding the SELPA was not Student's local educational agency and the complaint made no allegations against it, and the case will proceed against the remaining parties.
Why it matters
A SELPA can be a proper party in due process, but only if it is involved in decisions about the student and the complaint makes specific allegations against it. Naming a SELPA without explaining its role, and then not opposing its motion to dismiss, will likely lead to its dismissal.
Key authority cited
- Ed. Code, § 56501, subd. (a)
- Ed. Code, § 56500
- Ed. Code, § 56028.5
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 GRANTING MOTION TO
DISMISS CONTRA COSTA SPECIAL
MT. DIABLO UNIFIED SCHOOL EDUCATION LOCAL PLAN AREA
DISTRICT, CONTRA COSTA COUNTY
OFFICE OF EDUCATION AND CONTRA
COSTA SPECIAL EDUCATION LOCAL
PLAN AREA
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 Office of Education and Contra Costa Special Education Local Plan Area.
On March 27, 2019, Contra Costa SELPA filed a Motion to Dismiss, alleging that Contra Costa SELPA is not Student’s local educational agency and has no responsibility for providing Student with a free appropriate public education.
OAH received no response to the Motion to Dismiss from Student.
APPLICABLE LAW AND DISCUSSION
Special education due process hearing procedures extends 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.)
In the present matter, Contra County SELPA is not Student’s local educational agency, and has no responsibility for providing Student with a FAPE, nor any allegation made against it. Thusly, Contra Costa SELPA is dismissed as a party to Student’s complaint.
Contra Costa County Office of Education motion to dismiss is addressed in a separate order.
ORDER
Contra Costa Special Education Local Plan Area’s Motion to Dismiss Contra Costa Special Education Local Plan Area is granted. Contra Costa Special Education Local Plan Area is dismissed as a party in the above-entitled matter. 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