California OAH special education order · July 2, 2024
Order Denying Motion to Dismiss
OAH Case No. 2024040570 · ALJ June Lehrman
OAH denied San Diego Unified's motion to dismiss issues as moot after Parents withdrew consent to special education, because mootness required a mixed factual and legal merits determination unsuitable for motion practice.
This case went to decision
Student v. San Diego Unified School District: San Diego Unified's offer of the Riley School therapeutic day program upheld; claims for out-of-state residential placement denied. (2024)
Summary
San Diego Unified moved to dismiss certain issues as moot, arguing that Parents withdrew consent to special education and related services on August 18, 2023, so Student no longer had a right to a FAPE from the district. Student opposed, arguing that the June 12, 2023 IEP offer came before the withdrawal and that the withdrawal did not erase the District's obligations as of that date. OAH denied the motion. It explained that it dismisses only claims facially outside its jurisdiction, and that special education law has no summary judgment procedure. Deciding the dates of each side's actions and their legal effect is a merits question for hearing. All dates were confirmed.
Why it matters
A district cannot use a motion to dismiss to knock out claims about an IEP offered before Parents withdrew consent; whether such claims are moot is a fact-based question that must be decided at hearing.
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:
PARENTS ON BEHALF OF STUDENT,
v.
SAN DIEGO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024040570
ORDER DENYING MOTION TO DISMISS
JULY 2, 2024
On June 25, 2024, San Diego Unified School District filed a motion to dismiss issues with the Office of Administrative Hearings. The motion argued that certain issues were moot because Parents withdrew consent to the provision of special education and related services for Student on August 18, 2023. On June 28, 2024, Student filed an opposition, arguing “the June 12, 2023 [individualized education program] made an offer of [a free appropriate public education] FAPE prior to the date that Student withdrew consent to special education services, and the subsequent withdrawal did not rescind District’s obligations on June 12, 2023.” On July 1, 2024, San Diego filed a response, arguing that IDEA claims are moot when the student no longer has a statutory right to receive a FAPE from the school district.
Although OAH will grant motions to dismiss allegations that are facially outside of OAH jurisdiction such as, civil rights claims, section 504 claims, enforcement of settlement agreements, or incorrect parties, special education law does not provide for a summary judgment procedure. Here, the motion to dismiss is not limited to matters that are facially outside of OAH jurisdiction, but instead seeks a ruling on the merits that requires a mixed factual and legal determination regarding both the dates of District’s and Student’s actions alleged above of, and their legal effect. Said determinations are not amendable to determination via motion practice.
Accordingly, the motion to dismiss is denied. All dates currently set in this matter are confirmed.
IT IS SO ORDERED.
June Lehrman Administrative Law Judge Office of Administrative Hearings