California OAH special education order · October 26, 2020
Order Granting El Dorado Charter Special Education Local Plan Area's Motion to Dismiss
OAH Case No. 2020100158, 2020090033 · ALJ Cynthia Fritz
OAH dismissed El Dorado Charter SELPA from Student's case because the complaint did not allege the SELPA made decisions about Student or was responsible for providing Student's special education services.
This case went to decision
Student v. Community Roots Academy Charter School: Community Roots Academy denied FAPE by offering another district's program and requiring disenrollment; 116 compensatory hours and staff training ordered. (2021)
Summary
El Dorado Charter SELPA asked to be dismissed as a party to Student's complaint, which had been consolidated with Community Roots Academy's earlier filing. The SELPA's motion was supported by declarations and was not opposed. It said the SELPA does not run special education programs, is not Student's responsible local educational agency, and was not involved in decisions about Student. OAH granted the motion because Student's complaint did not allege the SELPA was a public agency involved in decisions about Student or responsible for Student's services, and the case will proceed against Community Roots Academy.
Why it matters
A SELPA can be named in due process only if the complaint specifically alleges it was involved in decisions about the student or is responsible for the student's services. Parents naming a charter SELPA should plead concrete facts about the SELPA's role, or the SELPA may be dismissed.
Key authority cited
- Ed. Code § 56501(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 CONSOLIDATED MATTERS OF:
PARENT ON BEHALF OF STUDENT,
v.
COMMUNITY ROOTS ACADEMY AND EL DORADO CHARTER
SPECIAL EDUCATION LOCAL PLAN AREA,
OAH CASE NUMBER 2020100158
and
COMMUNITY ROOTS ACADEMY,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2020090033
ORDER GRANTED EL DORADO CHARTER SPECIAL
EDUCATION LOCAL PLAN AREA'S MOTION TO DISMISS
OCTOBER 26, 2020
On September 1, 2020, Community Roots Academy filed a Request for Due Process Hearing, called complaint, with the Office of Administrative Hearings, known as OAH, in case number 2020090033, First Case, naming Student.
On October 2, 2020, Student filed a complaint in OAH case number 2020100158, Second Case, naming Community Roots Academy and El Dorado Special Education Local Plan Area, called El Dorado Charter SELPA. The same day, Student filed a Motion to Consolidate First Case with Second Case.
On October 9, 2020, the Office of Administrative Hearings granted the motion to consolidate First Case with Second Case and designating the Second case as the primary case in this matter.
On October 20, 2020, El Dorado Charter SELPA filed a Motion to Dismiss itself as a party to Second Case. Neither Student nor Community Roots Academy filed an opposition to the motion.
APPLICABLE LAW
Special education due process hearing procedures extend to the parent or guardian, the student in certain circumstances, and the public agency involved in any decisions regarding the student. (Ed. Code § 56501(a).) A “public agency” is defined as a school district, county office of education, special education local plan area, a nonprofit charter school that is not otherwise included as a local educational agency and is not a school within a local educational agency, or any other public agency providing special education or related services to individuals with exceptional needs.
(Ed. Code §§ 56500 and 56028.5.)
DISCUSSION
El Dorado Charter SELPA's motion asserts, through declarations under penalty of perjury, that it should be dismissed as a party because:
(1) it does not operate special education programs;
(2) it is not the local educational agency responsible for providing special education services to Student;
(3) it has not been involved in any decisions regarding Student’s educational program; and (4) Student’s complaint fails to make specific allegations regarding its involvement with Student’s educational program.
On its face, Student’s complaint does not allege that El Dorado Charter SELPA is a public agency involved in any decisions regarding Student or that it is responsible for providing special education or related services to Student. Thus, El Dorado Charter SELPA is not a proper party.
ORDER
1. El Dorado Charter SELPA's Motion to Dismiss is granted.
2. El Dorado Charter Special Education Local Plan Area is dismissed as a party to
Second Case, OAH case number 2020100158.
3. The matter will proceed as scheduled against Community Roots Academy.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings