California Ass'n of Private Special Education Schools v. State Department of Education

I. INTRODUCTION

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 State 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 plaintiffs’ due process rights. Further, the second amended complaint does not sufficiently specifically allege the existence of an actual present controversy to permit resolution of an as applied challenge to Education Code section 56366.6, subdivisions (a) and (b) and California Code of Regulations, title 5, section 3068. Finally, we conclude the foregoing…