California OAH special education order · February 13, 2013
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2012120567 · ALJ Peter Paul Castillo
OAH found Student's amended complaint sufficient against LACOE because it adequately described Student's unique needs, the assessments LACOE should have done after Student entered juvenile hall, and a well-defined proposed resolution.
Summary
After Student amended the complaint to add the Los Angeles County Office of Education (LACOE), LACOE filed a notice of insufficiency. Only Issue 8 involved LACOE: the claim that LACOE failed to assess Student in all areas of suspected disability once Student entered juvenile hall and became LACOE's responsibility. OAH found that the complaint described Student's unique needs, the needed assessments, and the reasons for them well enough to put LACOE on notice. The requests for compensatory education and an independent educational evaluation were also well-defined. OAH made no findings on Issues 1 through 7, which were against the District only, and kept all dates in place.
Why it matters
Students in juvenile hall can bring claims against the county office of education for failing to assess. A complaint that ties specific needs to specific missing assessments, and asks for concrete remedies, will survive a sufficiency challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Ed. Code § 56502
- 20 U.S.C. § 1415(c)(2)(C)
- Escambia County Board of Educ. v. Benton (S.D.Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed.Reg. 46540-46541, 46699
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2012120567
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
LOS ANGELES UNIFIED SCHOOL COMPLAINT
DISTRICT AND LOS ANGELES
COUNTY OFFICE OF EDUCATION.
On December 17, 2012, Student filed a Due Process Hearing Request (complaint)
with the Office of Administrative Hearings (OAH), naming the Los Angeles Unified School District (District). On January 30, 2013, Student filed an amended complaint which included an additional issue for resolution and added the Los Angeles County Office of Education (LACOE). OAH granted Student’s motion to amend on February 8, 2013. On February 7, 2013, LACOE submitted a Notice of Insufficiency (NOI) as to Student’s complaint while the motion to amend was pending, and is considered filed as of the date OAH granted Student’s motion to amend.
APPLICABLE LAW
The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. 1 The complaint is deemed sufficient unless a party notifies the Office of Administrative Hearings and the other party in writing within 15 days of receiving the complaint that the party believes the complaint has not met the notice requirements. 2 The party filing the complaint is not entitled to a hearing unless the complaint meets the requirements of title 20 United States Code section 1415(b)(7)(A) and Education Code section 56502, subdivision (c)(1).
A complaint is sufficient if it contains: (1) a description of the nature of the problem of the child relating to the proposed initiation or change concerning the identification, evaluation, or educational placement of the child, or the provision of a free appropriate 1 20 U.S.C. § 1415(b) & (c); Ed. Code 56502, subd. § (d)(1).
2 20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).
public education (FAPE) to the child; (2) facts relating to the problem; and (3) a proposed resolution of the problem to the extent known and available to the party at the time. 3 These requirements prevent vague and confusing complaints, and promote fairness by providing the named parties with sufficient information to know how to prepare for the hearing and how to participate in resolution sessions and mediation. 4 The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” 5 The pleading requirements should be liberally construed in light of the broad remedial purposes of the Individuals with Disabilities Education Act and the relative informality of the due process hearings it authorizes. 6 Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. 7
DISCUSSION
Student’s complaint contains eight issues. However, only one issue, Issue 8, involves LACOE, which alleges that LACOE failed to assess Student in all areas of suspected disabilities once he entered juvenile hall and became the responsibility of LACOE. As to Issue 8, the complaint contains sufficient allegations as to his unique needs, the assessments LACOE needed to conduct and the reasons supporting his need for these assessments.
Accordingly, Student alleges sufficient facts supporting these claims to put LACOE on notice, and therefore Issue 8 is sufficient. 8 3 20 U.S.C. § 1415(b)(7)(A)(ii)(III) & (IV).
4 See, H.R.Rep. No. 108-77, 1st Sess. (2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.
5 Sen. Rep. No. 108-185, supra, at p. 34.
6 Alexandra R. v. Brookline School Dist. (D.N.H., Sept. 10, 2009, No. 06-cv-0215-JL)
2009 WL 2957991 at p.3 [nonpub. opn.]; Escambia County Board of Educ. v. Benton (S.D.Ala. 2005) 406 F. Supp.2d 1248, 1259-1260; Sammons v. Polk County School Bd.
(M.D. Fla., Oct. 28, 2005, No. 8:04CV2657T24EAJ) 2005 WL 2850076 at p. 3 [nonpub.
opn.] ; but cf. M.S.-G. v. Lenape Regional High School Dist. (3d Cir. 2009) 306 Fed.Appx.
772, at p. 3 [nonpub. opn.].
7 Assistance to States for the Education of Children with Disabilities and Preschool Grants for Children with Disabilities, 71 Fed.Reg. 46540-46541, 46699 (Aug. 14, 2006).
8 No findings are made as to the sufficiency of Issues 1 through 7, which allege violations against the District only.
Student’s proposed resolution is that LACOE provide specified compensatory education and an independent educational evaluation. A complaint is required to include proposed resolutions to the problem, to the extent known and available to the party at the time. (20 U.S.C. §1415(b)(7)(A)(ii)(IV).) The proposed resolutions stated in Student’s complaint are well-defined requests that meet the statutorily required standard of stating a resolution to the extent known and available to Student at the time.
ORDER
1. The complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
2. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
Dated: February 13, 2013 /s/
PETER PAUL CASTILLO
Administrative Law Judge Office of Administrative Hearings