Pedroza v. Los Alamitos Unified School District
Pedroza v. Los Alamitos Unified School District
Opinion of the Court
MEMORANDUM
Dismissal for lack of subject matter jurisdiction was proper because the Pedrozas failed to exhaust IDEA’S administrative procedures. The right to bring a civil action is limited to a party aggrieved by the findings and decision made under subsection (f) or (k) of 20 U.S.C. § 1415.
Here, the Pedrozas concede that they have not exhausted the administrative procedures specifically enumerated in IDEA’S exhaustion provision. The compliance complaint they filed with the California Department of Education does not satisfy IDEA’S exhaustion requirement. The state compliance complaint procedure utilized by the Pedrozas is not the federal exhaustion procedure required by the Act. The right to bring a civil action under the Act is limited to parties who have first availed themselves of the procedures under § 1415(f) or (k).
The narrow exception for compliance complaints we recognized in Hoeft v. Tucson Unified School District
None of the exceptions to the exhaustion requirement apply. Since the Pedrozas alleged the violation of a right protected under IDEA and California law, they were entitled to a “due process hearing.”
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. 20 U.S.C. § 1415(i)(2)(A).
. Kutasi v. Las Vírgenes Unified Sch. Dist., 494 F.3d 1162, 1168 (9th Cir. 2007) (citing Robb v. Bethel Sch. Dist. # 403, 308 F.3d 1047, 1050 (9th Cir. 2002)).
. See 20 U.S.C. § 1415(i)(2)(A).
. 967 F.2d 1298 (9th Cir. 1992).
. Cal. Educ.Code § 56501(a)(2); see also 20 U.S.C. § 1415(f)(1)(A).
. Cal Educ.Code § 56501.5; see also 20 U.S.C. § 1415(f)(1)(B).
. Cal. Educ.Code § 56501(a)(2); see also 20 U.S.C. § 1415(f)(1)(A).
. Cal. Educ.Code § 56505(f)(2)(B); see also 20 U.S.C. § 1415(f)(3)(E).
. Blanchard v. Morton Sch. Dist., 420 F.3d 918 920-21 (9th Cir. 2005)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.