California OAH special education order · April 3, 2020
Order Dismissing Party for Lack of Jurisdiction
OAH Case No. 2020021270 · ALJ Judith Pasewark
OAH dismissed Mission Hill Middle School as a party because it is a school within Santa Cruz City Schools, not a separate public agency, and the case continues against the district.
This case went to decision
Student v. Santa Cruz City Schools: Santa Cruz City Schools did not deny a parent meaningful participation at a March 2018 initial IEP eligibility meeting. (2020)
Summary
Student filed a due process complaint naming both Santa Cruz City Schools and Mission Hill Middle School. OAH explained that it has jurisdiction only over public agencies, such as school districts, county offices of education, and SELPAs, that provide special education. Mission Hill is a school within the district, the district acknowledged it is the local education agency, and the complaint did not explain how the school is a separate public agency. OAH dismissed the claims against the school and kept the hearing on schedule against the district.
Why it matters
Parents should name the school district or other public agency as the respondent, not the individual school. A school site is not a separate party in a due process case, so naming it adds nothing.
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,
v.
SANTA CRUZ CITY SCHOOLS AND
MISSION HILL MIDDLE SCHOOL.
OAH CASE NUMBER 2020021270
ORDER DISMISSING PARTY FOR LACK OF JURISDICTION
APRIL 3, 2020
On February 26, 2020, Student filed a Due Process Hearing Request against Santa Cruz City Schools and Mission Hill Middle School with the Office of Administrative Hearings, often called OAH.
APPLICABLE LAW
There is no summary judgment procedure in special education cases. OAH will, however, dismiss allegations and cases not within its jurisdiction. OAH has jurisdiction only over claims alleging the Individuals with Disabilities Education Act or California special education laws were violated. Special education due process hearings may involve the parent or guardian, a student, and “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.)
The complaint in this case names Santa Cruz City Schools and Mission Hill Middle School as responsible public agencies. Mission Hill Middle School is a school within the Santa Cruz City Schools. Santa Cruz City Schools acknowledges it is the local education agency. Further, the complaint does not allege how Mission Hill Middle School, as a separate entity, is a public agency over which OAH has jurisdiction.
ORDER
Student’s due process hearing request against Mission Hill Middle School is dismissed because OAH does not have jurisdiction over it. This matter shall proceed against Santa Cruz City Schools as presently scheduled.
IT IS SO ORDERED.
Judith Pasewark Administrative Law Judge Office of Administrative Hearings