California OAH special education order · March 4, 2021
Order Granting Motion to Dismiss
OAH Case No. 2020120264 · ALJ Adrienne L. Krikorian
OAH dismissed Student's entire complaint as moot because Parent withdrew, in writing, consent for eligibility assessments and any request for special education services, leaving no IDEA issue for OAH to decide.
This case went to decision
Anaheim Elementary School District v. Student: Anaheim Elementary may assess a six-year-old in person without parental consent or conditions, but no physical exam without consent. (2020)
Summary
Anaheim Elementary moved to dismiss Student's complaint. OAH first denied the motion without prejudice and allowed refiling if the district showed it had given Parent written notice of the consequences of withdrawing consent. The district then filed an amended motion with evidence that Parent withdrew consent for initial eligibility assessments and all requests for special education services on February 19, 2021, and that the district sent written notice and procedural rights on March 1, 2021. Student did not respond. OAH found that the withdrawal made all four IDEA issues moot, so OAH had no jurisdiction, and it dismissed the complaint and vacated all dates.
Why it matters
A parent who withdraws consent for assessment and all requests for special education services can lose the right to pursue IDEA claims at OAH, because those claims become moot. Parents should weigh carefully before revoking consent while a due process case is pending.
Key authority cited
- 20 U.S.C. § 1400(d)(1)
- 20 U.S.C. § 1415(b)(6)
- Ed. Code, § 56000
- Ed. Code, § 56501, subd. (a)
- Wyner v. Manhattan Beach Unified School Dist. (9th Cir. 2000) 223 F.3d 1026
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.
ANAHEIM ELEMENTARY SCHOOL DISTRICT.
OAH CASE NUMBER 2020120264
ORDER GRANTING MOTION TO DISMISS
MARCH 4, 2021
Student filed a complaint with the Office of Administrative Hearings, called OAH, on December 7, 2020, naming Anaheim Elementary School District. In December 2020, OAH issued a decision in OAH Case # 2020090678, involving the same parties, granting Anaheim Elementary the right to assess Student for special education eligibility without parental consent if Parent wanted Student to receive special education services from Anaheim Elementary. Student was not eligible for special education at the time. On February 22, 2021, Anaheim Elementary filed a motion to dismiss Student’s complaint in the instant matter.
OAH held a prehearing conference on March 1, 2021. No one appeared for Student. Anaheim Elementary’s attorney appeared on Anaheim Elementary’s behalf.
The Administrative Law Judge, called ALJ, denied Anaheim Elementary’s motion to dismiss without prejudice. The ALJ ordered that Anaheim Elementary may refile the motion if accompanied by evidence that Anaheim Elementary provided written notice to Parent regarding the consequences of Parent withdrawing consent for special education eligibility assessments. The ALJ ordered that Student may file a response to the amended motion to dismiss no later than 2 business days after Anaheim Elementary filed its new motion. OAH served the prehearing conference order on the parties on the same date.
Anaheim Elementary filed an amended motion to dismiss the complaint in the instant matter on March 1, 2021, supported by evidence and declarations. Student did not file a response.
Anaheim Elementary asserted in its motion that on or about February 19, 2021, Parent withdrew, in writing, consent for special education assessments to determine Student’s initial eligibility, and all requests for any special education services for Student, unless Anaheim Elementary met Parent’s conditions. On March 1, 2021, Anaheim Elementary provided Parent with written notice and a copy of Procedural Rights explaining the consequences of withdrawing consent for eligibility assessments and special education services.
The December 2020 OAH Decision and Order permitted Anaheim Elementary to assess Student for initial eligibility for special education services without parental consent. At the time of the December 2020 OAH Decision and afterward, Student has not been found eligible for special education services. The Decision ordered Parent to cooperate with Anaheim Elementary by making Student available for assessments to help determine if Student was eligible for special education services.
Parent’s February 19, 2021 withdrawal of Parental request for any special education services under the Individuals with Disabilities Education Act communicated Parent’s decision that Parent no longer wanted special education services for Student.
The purpose of the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et. seq.), called IDEA, 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.)
Student’s complaint alleges four issues, all of which involve Student’s right to a free appropriate public education, and Parent’s right to participate in the process of developing Student’s individualized education program, called IEP, under the IDEA. Parent’s February 19, 2021 withdrawal of consent for special education assessments and services under the IDEA if an IEP team finds Student eligible, renders Student’s complaint moot as to any issue arising under the IDEA. As such OAH has no jurisdiction to hear or consider Student’s issues.
Anaheim Elementary’s motion to dismiss Student’s complaint in its entirety is granted as no triable facts exist because Parent has withdrawn any request for Student to receive special education services. Accordingly, Student’s complaint is dismissed. All dates, including the order to show cause hearing, are vacated.
IT IS SO ORDERED.
Adrienne L. Krikorian Administrative Law Judge Office of Administrative Hearings