CAL. ASS'N OF PSES v. Cal. Dept. of Educ.

Newman, Aaronson, Vanaman and Robert M. Myers, Sherman Oaks; Law Offices of Carol A. Sobel and Carol Ann Sobel Plaintiffs and Appellants.

Bill Lockyer, Attorney General, James M. Humes, Chief Assistant Attorney General, James S. Schiavenza, Assistant Attorney General, Marsha A. Miller, and Carol Ann Boyd, Deputy Attorneys General, for Plaintiff and Respondent.

TURNER, P.J.

Plaintiffs, the California Association of Private Special Education Schools (the association) and the Poseidon School (the school), appeal from a judgment of dismissal after the demurrers of defendants, the California Department of Education (the department) and Superintendent of Public Instruction Jack O'Connell, were sustained without leave to amend. Plaintiffs contend the Superintendent of Public Instruction (the superintendent) may not suspend or revoke the certification of a nonpublic, nonsectarian school providing educational services to disabled children without providing a hearing with proper notice before any adverse administrative action is taken. We hold Education Code section 56366.6, subdivisions (a) and (b) and California Code of Regulations, title 5, section 3068 on their face do not violate…