California OAH special education order · March 3, 2021
Order Granting Motion to Dismiss Issues for Lack of Jurisdiction
OAH Case No. 2021010613 · ALJ Theresa Ravandi
OAH dismissed Student's Section 504, ADA, and Section 1983 claims because it has no jurisdiction over them; the rest of the case proceeds as scheduled.
This case went to decision
Student v. Ventura Unified School District: Ventura Unified did not have to ensure a student's one-to-one nurse attended IEP meetings; the district prevailed on the only issue. (2021)
Summary
Ventura filed an unopposed motion to dismiss the Section 504, Americans with Disabilities Act, and Section 1983 claims in Student's amended complaint. Student had included these claims to satisfy a federal exhaustion requirement. OAH granted the motion because its jurisdiction is limited to IDEA matters: identification, evaluation, educational placement, and the provision of a free appropriate public education. The case will go forward on the remaining issues.
Why it matters
Families may raise civil-rights claims in due process to show they exhausted administrative remedies, but OAH will dismiss those claims and decide only the IDEA issues. Families should plan to pursue Section 504, ADA, or Section 1983 relief in another forum.
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
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.
VENTURA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021010613
ORDER GRANTING MOTION TO DISMISS ISSUES FOR
LACK OF JURISDICTION
MARCH 3, 2021
On January 22, 2021, Student filed a Request for Due Process Hearing, referred to as a complaint, with the Office of Administrative Hearings, naming Ventura Unified School District. The Office or Administrative Hearings is referred to as OAH.
On February 2, 2021, OAH granted Student’s motion to file a first amended complaint. On February 19, 2021, Ventura filed a Motion to Dismiss alleging OAH lacks jurisdiction to adjudicate several issues alleged in the amended complaint. Student has not filed a response.
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).) 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 Disabilities Act (42 U.S.C. §§ 1201, et seq.), or the Unruh Civil Rights Act (Civ. Code, § 51).
DISCUSSION
Student’s amended complaint includes issues alleging violations of Section 504, the Americans with Disabilities Act, and Section 1983. The complaint states that these claims were brought to satisfy an exhaustion requirement under federal law. OAH does not have jurisdiction to resolve these claims, and they are hereby dismissed.
ORDER
1. Ventura’s Motion to Dismiss Student’s issues raised under Section 504, the
Americans with Disabilities Act, and Section 1983, found in the amended complaint in paragraphs 74, 76, 83, 87, and 90-94, is granted.
2. The matter shall proceed as scheduled as to the remaining issues.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings