California OAH special education order · February 18, 2026
Order Dismissing Casa Pacifica Camino a Casa and Oak Grove Center Jack Weaver
OAH Case No. 2025120006 · ALJ Cole Dalton
OAH, on its own motion, again dismissed Casa Pacifica and Oak Grove from Student's second amended complaint because neither nonpublic school is a local educational agency subject to OAH jurisdiction.
This case went to decision
Student v. Los Angeles Unified School District: Los Angeles Unified did not have to hold manifestation determination reviews; absences and a psychiatric hold were not disciplinary removals. (2026)
Summary
OAH had already dismissed Casa Pacifica Camino a Casa and Oak Grove Center on February 10, 2026, after both moved to dismiss as certified nonpublic schools. Student's second amended complaint, allowed the same day, named both entities again. Acting on its own, OAH dismissed them from the second amended complaint. It held that neither entity is a public agency or local educational agency responsible for providing Student a FAPE under the IDEA. The case will go forward against Los Angeles Unified School District as scheduled.
Why it matters
Nonpublic schools and residential treatment providers are not proper respondents in an OAH due process case; claims about a student's FAPE must be brought against the responsible district or other public agency. Naming them again in an amended complaint will only lead to another dismissal.
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:
PARENTS ON BEHALF OF STUDENT,
v.
LOS ANGELES UNIFIED SCHOOL DISTRICT, CASA PACIFICA
CAMINO A CASA, AND OAK GROVE CENTER JACK WEAVER.
OAH CASE NUMBER 2025120006
ORDER DISMISSING CASA PACIFICA CAMINO A CASA
AND OAK GROVE CENTER JACK WEAVER
FEBRUARY 18, 2026
On November 24, 2025, Student filed a request for due process hearing, referred to as a complaint, with the Office of Administrative Hearings, naming Los Angeles Unified School District, Casa Pacifica Camino a Casa, Oak Grove Center Jack Weaver, and individual respondents. The Office of Administrative Hearings is referred to as OAH.
On December 9, 2025, OAH dismissed individually named respondents for lack of jurisdiction.
On December 26, 2025, CASA Pacifica filed a motion to dismiss for lack of jurisdiction, alleging that Casa Pacifica is a certified nonpublic school, over which OAH lacks jurisdiction. On December 31, 2025, Student filed a motion for leave to amend and an amended complaint. On January 7, 2026, OAH granted Student’s motion to amend, finding CASA Pacifica’s motion to dismiss moot because of the new filing.
On January 22, 2026, CASA Pacifica filed another motion to dismiss for lack of jurisdiction based on Student’s first amended complaint. On February 4, 2026, Student filed a motion for leave to amend and a proposed second amended complaint.
On February 6, 2026, Oak Grove filed a motion to dismiss for lack of jurisdiction, alleging that Oak Grove is a certified nonpublic school and residential treatment provider, not a local educational agency.
On February 10, 2026, OAH dismissed CASA Pacifica and Oak Grove as neither entity is a local educational agency over which OAH has jurisdiction. Neither agency was responsible, under the IDEA for offering Student a FAPE.
On February 10, 2026, OAH granted Student’s request for leave to file a second amended complaint. That complaint again named Los Angeles, CASA Pacifica, and Oak Grove as respondents.
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.)
OAH, sua sponte, dismisses CASA Pacifica and Oak Grove, as neither entity is a local educational agency over which OAH has jurisdiction in this matter, as set forth in OAH’s February 10, 2026 order of dismissal of these parties.
ORDER
Student’s second amended due process hearing request against CASA Pacifica Camino a Casa and Oak Grove Center Jack Weaver is dismissed because OAH does not have jurisdiction over these entities. This matter shall proceed against Los Angeles Unified School District as presently scheduled.
IT IS SO ORDERED.
Cole Dalton Presiding Administrative Law Judge Office of Administrative Hearings