Levina

Defendant-Appellee San Luis Coastal Unified School District (“School District”) filed an administrative complaint under the Individuals with Disabilities Education Act of 2004 (“IDEA”) against Plaintiff-Appellant Tatyana Levina when she refused to consent to an Individualized Education Plan (“IEP”) for her minor son. After the administrative Hearing Officer dismissed the School District’s administrative complaint without prejudice, Ms. Levina filed a complaint in district court under 20 U.S.C. § 1415 (i)(2)(A). Ms. Levina appeals the district court’s grant of summary judgment in the School District’s favor. We dismiss for lack of jurisdiction.

I.Background and Prior Proceedings

In 2005, the School District developed an IEP for Ms. Levina’s minor, disabled son. She would not consent to the IEP, so the School District filed an administrative complaint. At the School District’s request, a Hearing Officer dismissed the complaint without prejudice on May 24, 2005.

On September 7, 2005, Ms. Levina filed a complaint in district court, claiming the Hearing Officer “erred in failing to dismiss the case with prejudice and in failing to identify [her] as the prevailing party.” The School…