M. M. v. Lafayette School District
2012 WL 2017733
9th Cir.2012Background
- CM is a 12-year-old in Lafayette School District with earlier signs of learning and speech difficulties; initial evaluation occurred in 2007 and a due process hearing dispute arose over timeliness and adequacy of the evaluation.
- MM filed a 2009 due process complaint challenging Lafayette’s initial evaluation and related procedures, leading to an ALJ ruling that several claims were time-barred; MM pursued district court review before a final ALJ decision.
- CDE investigated MM’s compliance complaint; Lafayette sought to stay the investigation pending OAH proceedings; CDE later closed its investigation.
- MM added DGS and its Director as defendants in district court; the district court dismissed duplicative claims and found CDE had no authority to supervise OAH hearing officers.
- The district court ultimately dismissed MM’s FAC and MM appealed; the Ninth Circuit affirmed, holding no immediate review of pre-hearing rulings is available under IDEA §1415(i).
- The opinion clarifies that IDEA review is available after a final due process decision, and that CDE lacks authority to supervise individual OAH decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-hearing, interlocutory rulings are reviewable under IDEA §1415(i) | MM argues no waiting for final decision required. | Lafayette argues review must await final ALJ decision. | Pre-hearing rulings are not reviewable; final decision required. |
| Whether MM may review time-barred pre-hearing claims separate from remaining claims | Argues §1415(i) allows interlocutory review of separate issues. | Court should await final ALJ decision on all claims. | Premature review of time-barred pre-hearing claims affirmed improper; need final decision. |
| CDE's authority to oversee OAH and supervise hearing officers | CDE failure to oversee hearing officers violated IDEA. | OAH is independent; CDE lacks authority to supervise individual ALJs. | CDE has no authority to supervise individual OAH hearing officers; claim dismissed. |
Key Cases Cited
- Lake Washington Sch. Dist. No. 414 v. Office of Superintendent of Pub. Instruction, 634 F.3d 1065 (9th Cir. 2011) (aggrieved party may sue after final state decision; interlocutory review not established here)
- Winkelman ex rel. Winkelman v. Parma City School District, 550 U.S. 516 (U.S. 2007) (final decision required; dicta on interlocutory review)
- Lucht v. Molalla River Sch. Dist., 225 F.3d 1023 (9th Cir. 2000) (parents may appeal final administrative decision; not decisive for pre-hearing rulings)
- Coleman v. Newburgh Enlarged City Sch. Dist., 503 F.3d 198 (2d Cir. 2007) (benefits/exhaustion context; supports final-decision view)
- Digital Equipment Corp. v. Desktop Direct, Inc., 511 U.S. 863 (S. Ct. 1994) (final judgment rule; general guidance for appeals)