California OAH special education order · February 9, 2026
Order Granting Motions to Dismiss Casa Pacifica Camino a Casa and Oak Grove Center Jack Weaver
OAH Case No. 2025120006 · ALJ Ted Mann
OAH dismissed two nonpublic schools, Casa Pacifica and Oak Grove, from Student's case because they are not public agencies, and contracting with the district does not change that.
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
Casa Pacifica and Oak Grove each moved to dismiss Student's due process complaint. Both said they are certified nonpublic schools, not public agencies, so OAH has no jurisdiction over them. Student argued that both entities came under OAH's jurisdiction by contracting with Los Angeles Unified School District and accepting public funds to serve Student, but cited no legal authority. OAH dismissed both entities, holding that a contract with a district does not turn a nonpublic school into a public agency, and that OAH cannot decide contract disputes. The case will go forward against Los Angeles Unified as scheduled.
Why it matters
Parents generally cannot bring nonpublic schools or residential treatment providers into a due process case. Claims about services at those placements must be brought against the district or other public agency responsible for the student's education. The order also notes that Student's amended complaints kept doubling in length without listing the legal issues to be decided.
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 GRANTING MOTIONS TO DISMISS CASA PACIFICA
CAMINO A CASA AND OAK GROVE CENTER JACK WEAVER
FEBRUARY 9, 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 as 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.
Each of Student’s amended and proposed amended complaints doubled the pleading in size, without setting forth a list of the legal issues Student seeks to adjudicate in a due process hearing.
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.
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.)
DISCUSSION
The complaint in this case names CASA Pacifica and Oak Grove as responsible public agencies. The complaint does not allege how either entity is a public agency over which OAH has jurisdiction.
Rather, Student contends that both entities subjected themselves to OAH’s jurisdiction by entering into contracts with Los Angeles Unified School District and accepting public funds to provide special education services to Student, among other things. Student cites no legal authority supporting this theory. OAH has no jurisdiction to determine contractual issues between any of the parties to this matter. OAH only has jurisdiction over special education claims related to Student. More importantly, however, the fact that a contractual relationship may exist, between Los Angeles Unified School District and either CASA Pacifica and/or Oak Grove, does not turn a nonpublic school into a public agency for purposes of OAH’s jurisdiction.
ORDER
Student’s due process hearing request against CASA Pacifica and against Oak Grove is dismissed because OAH does not have jurisdiction over them. This matter shall proceed against Los Angeles Unified School District, as presently scheduled.
IT IS SO ORDERED.
Ted Mann Presiding Administrative Law Judge Office of Administrative Hearings