California OAH special education order · October 1, 2019

Order Granting Motion to Dismiss Issue for Lack of Jurisdiction

OAH Case No. 2019080542 · ALJ Rommel P. Cruz

OAH dismissed Issue 8 of Student's complaint because OAH has no jurisdiction over Section 504, Section 1983, ADA, Government Code 11135, Civil Code 54/54.1, or Unruh Act claims.

Granted Motions to dismiss

This case went to decision

Student v. Upland Unified School District (consolidated): Upland Unified wins every decided issue; adult student's eligibility lapsed after mother withheld triennial consent; two district claims not reached. (2020)

Summary

Upland Unified moved to dismiss Issue 8 of Student's due process complaint, arguing that OAH lacked jurisdiction over it. Student did not respond. OAH granted the motion because Issue 8 raised only civil rights and disability discrimination claims under Section 504, Section 1983, the ADA, Government Code section 11135, Civil Code sections 54 and 54.1, and the Unruh Act, and OAH's jurisdiction is limited to special education matters under the IDEA and the Education Code. The case will go forward on the remaining issues.

Why it matters

OAH can only decide special education claims under the IDEA and the California Education Code. Parents must bring Section 504, ADA, and state civil rights claims in another forum, such as court or the Office for Civil Rights.

Key authority cited

  • 20 U.S.C. § 1415(b)(6)
  • Ed. Code, § 56501, subd. (a)
  • Wyner v. Manhattan Beach Unified School Dist. (9th Cir. 2000) 223 F.3d 1026
  • 29 U.S.C. § 701 et seq.
  • 42 U.S.C. § 1983
  • Civ. Code, § 51

Topics

motion to dismiss jurisdiction section 504 ada civil rights claims unruh act

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:

PARENTS ON BEHALF OF STUDENT,

v.

UPLAND UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2019080542

ORDER GRANTING MOTION TO DISMISS ISSUE FOR LACK OF

JURISDICTION

On August 13, 2019, Parents on behalf of Student filed a Request for Due Process Hearing, referred to as a complaint, with the Office of Administrative Hearings, naming Upland Unified School District. The Office of Administrative Hearings is referred to as

OAH.

On September 25, 2019, Upland Unified filed a Motion to Dismiss Issue 8 of Student’s complaint, alleging that OAH lacks jurisdiction to adjudicate this issue. OAH received no response from Student.

APPLICABLE LAW

The purpose of the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et.

seq.) is to “ensure that all children with disabilities have available to them a free appropriate public education,” and to protect the rights of those children and their parents. (20 U.S.C. § 1400(d)(1)(A), (B), and (C); see also Ed. Code, § 56000.) A party has the right to present a complaint “with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.” (20 U.S.C. § 1415(b)(6); Ed. Code, § 56501, subd. (a) [party has a right to present a complaint regarding matters involving proposal or refusal to initiate or change the identification, assessment, or educational placement of a child; the provision of a free appropriate public education to a child; the refusal of a parent or guardian to consent to an assessment of a child; or a disagreement between a parent or guardian and the public education agency as to the availability of a program appropriate for a child, including the question of financial responsibility].) The jurisdiction of OAH is limited to these matters. (Wyner v.

Manhattan Beach Unified School. Dist. (9th Cir. 2000) 223 F.3d 1026, 1028-1029.)

OAH does not have jurisdiction to decide claims based on Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), Section 1983 of Title 42 United States Code, the Americans with Disability Act (42 U.S.C. §§ 1201, et seq.), California Government Code section 11135, California Civil Code sections 54 and 54.1, or the Unruh Civil Rights Act (Civ. Code, § 51).

DISCUSSION

Issue 8 of Student’s complaint alleges violations of Section 504 of the Rehabilitation Act of 1973, Section 1983 of Title 42 United States Code, the Americans with Disability Act, California Government Code section 11135, California Civil Code sections 54 and 54.1, and the Unruh Civil Rights Act. OAH does not have jurisdiction to resolve these claims. Accordingly, Issue 8 of Student’s Complaint is dismissed.

ORDER

1. Upland Unified’s Motion to Dismiss Issue 8 of Student’s complaint is

granted. The matter will proceed as scheduled as to the remaining issues.

DATED: October 1, 2019 Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings