CALIFORNIA ASSOCIATION OF PSES v. CALIFORNIA DEPARTMENT OF EDUCATION Part II
Education Code Sec. 56366.6(a) and (b) and California Code of Regulations, Title 5, Sec. 3068, which allow government to deny, revoke, or suspend a nonpublic, nonsectarian school's certification without a predetermination hearing. This Code does not, on their face, violate such schools' Fourteenth Amendment due process rights where financial stability of a nonpublic, nonsectarian school providing educational services to disabled children is a serious matter; there is little risk of erroneous decisionmaking because statute affords schools opportunity for postdecision hearing; and government has compelling interest in insuring that schools charged with protecting disabled children are operated in safe and lawful fashion. Statutes governing certification suspension and revocation procedures for nonpublic, nonsectarian schools are not subject to requirements for emergency administrative action specified in Government Code Sec. 11460.10 et seq. Where second amended complaint filed by particular nonpublic, nonsectarian school did not specifically allege how government applied or is applying Education Code Sec. 56366.6(a) and (b) and California Code of Regulations, Title 5, Sec. 3068 discriminatorily to it, school did not have valid claim that law was unconstitutional as applied and trial court properly dismissed suit.
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