California OAH special education order · May 28, 2019
Order Denying Motion for Summary Judgement and Denying Request for Expert Fee Payment
OAH Case No. 2019050382 · ALJ Tiffany Gilmartin
OAH denied Student's summary judgment motion seeking private placement because special education law has no summary judgment procedure, and refused to order Mt. Diablo to pay Parent's expert fees before a merits decision.
This case went to decision
Student v. Mt. Diablo Unified School District: Mt. Diablo Unified prevails on all claims over bus transportation, a one-to-one aide, and a private school placement. (2019)
Summary
Student filed a motion for summary judgment asking OAH to order private school placement. Student also asked OAH to order Mt. Diablo to pay the fees and expenses Parent incurred gathering medical and assessment documentation. Mt. Diablo opposed both motions. OAH denied the summary judgment motion because special education law does not provide for summary judgment, and the motion sought a ruling on the merits rather than dismissal of claims facially outside OAH's jurisdiction. OAH denied the fee request because Student cited no authority allowing OAH to order payment before a merits decision and a finding of a prevailing party.
Why it matters
Families cannot win placement through a pretrial summary judgment motion at OAH; the merits must be decided at hearing. Reimbursement of assessment or expert costs generally has to wait until a final decision.
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. 2019050382 v. ORDER DENYING MOTION FOR
SUMMARY JUDGEMENT AND
MT. DIABLO UNIFIED SCHOOL DENYING REQUEST FOR EXPERT
DISTRICT. FEE PAYMENT
On May 20, 2019, Student filed a motion for summary judgment requesting private placement. The same day, Student filed a second motion requesting OAH order Mt. Diablo to pay the fees and expenses Parent incurred gathering medical and assessment documentation on Student. On May 21, 2019, Mt. Diablo Unified School District filed oppositions to both motions.
Summary Judgement 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, the Motion is not limited to matters that are facially outside of OAH jurisdiction, but instead seeks a ruling on the merits. Accordingly, the motion is denied. All dates currently set in this matter are confirmed.
Payment of Expert Fees Student also requests Mt. Diablo be ordered to pay the fees and expenses incurred by Parent in developing her case before OAH. Mt. Diablo opposed Student’s request. Student provided no authority that would allow OAH to order Mt. Diablo to pay the requested fees and expenses prior to a decision on the merits of the case and a finding of a prevailing party.
This motion is denied.
ORDER
1. Student’s Motion for Summary Judgement ordering private school placement
is denied.
2. Student’s motion to order Mt. Diablo to pay Student’s expert fees and
expenses is denied.
IT IS SO ORDERED.
DATE: May 28, 2019
TIFFANY GILMARTIN
Administrative Law Judge Office of Administrative Hearings