Morgan Hill Concerned Parents Ass'n v. California Department of Education

ORDER

Two associations of concerned parents allege in this lawsuit that the California Department of Education (CDE) does not ensure children with disabilities receive a free appropriate public education. They claim this failure violates federal and state law and ask the court to enjoin CDE from any future violations. CDE disagrees and moves for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). Mot. J. on the Pleadings (MJOP), ECF No. 172. CDE’s current motion parallels its previous motion to dismiss under Rule 12(b)(6), which the court denied in March 2013. Order March 29, 2013, ECF No. 25. CDE explains its renewed challenge by citing two intervening decisions: Armstrong v. Exceptional Child Center, Inc., — U.S. -, 135 S.Ct. 1378 , 191 L.Ed.2d 471 (2015), and M.M. v. Lafayette School District, 767 F.3d 842 (9th Cir. 2014). It also raises a new defense under the Tenth Amendment.

Plaintiffs separately move for sanctions. Mot. Sanctions, ECF No. 206. The magistrate judge declined to resolve this question and referred plaintiffs’ motion to this court because the motion is based on CDE’s conduct before this court. Order August 17, 2016, ECF No. 229. This court…