California OAH special education order · October 10, 2013
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2013100250 · ALJ Robert Helfand
OAH found Student's complaint insufficient as to the Southwest SELPA because it alleged no facts showing the SELPA had any responsibility to implement Student's IEP; Student may amend within 14 days.
Summary
Student filed a due process complaint against New West Charter Middle School and Southwest SELPA, and only one issue, a failure to implement Student's IEP, named the SELPA. The SELPA filed a notice of insufficiency. OAH found the complaint insufficient as to the SELPA because it alleged no facts showing the SELPA was responsible for implementing the IEP, which left the SELPA without notice of the claim against it. Student may file an amended complaint within 14 days; otherwise the complaint will be dismissed as to the SELPA and the hearing will go forward only against New West.
Why it matters
When a complaint names a SELPA alongside a charter school or district, it must include facts showing why the SELPA itself is responsible for the alleged failure. Simply naming the SELPA is not enough.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(D)
- 20 U.S.C. § 1415(c)(2)(E)(i)(II)
- Ed. Code § 56502
- 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. 2013100250
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
NEW WEST CHARTER MIDDLE COMPLAINT
SCHOOL AND SOUTHWEST SELPA.
On October 2, 2013, Parent on behalf of Student (Student) filed with the Office of Administrative Hearings (OAH) a Due Process Hearing Request 1 (complaint) naming the New West Charter Middle School (New West) and Southwest Special Education Local Planning Area (SELPA) as respondents. The complaint contains four issues 2 of which only the third issue names the SEPLA.
On October 10, 2013, the SELPA filed with OAH a Notice of Insufficiency (NOI) as to Student’s complaint as it relates to the SEPLA only.
APPLICABLE LAW
The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. 3 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).
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 public education (FAPE) to the child; (2) facts relating to the problem; and (3) a proposed 1 A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under Title 20 United States Code section 1415(b)(7)(A).
2 On October 7, 2013, Student dismissed the second issue.
3 20 U.S.C. § 1415(b) & (c).
resolution of the problem to the extent known and available to the party at the time. 4 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. 5 The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” 6 The pleading requirements should be liberally construed in light of the broad remedial purposes of the IDEA and the relative informality of the due process hearings it authorizes. 7 Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. 8
DISCUSSION
Student’s issue three alleges that New West and the SELPA failed to implement Student’s Individualized Education Program (IEP). Student fails to allege any facts to demonstrate that the SELPA has any responsibility to implement Student’s IEP. Thus, Student has alleged no facts to state a claim under the Individuals with Disabilities Education Act (IDEA) against the SELPA. The SELPA is without notice as to what is being alleged against it and is unable to prepare for hearing and participate in a resolution session or mediation. Thus, Student’s complaint is not sufficient as to the SELPA.
4 20 U.S.C. § 1415(b)(7)(A)(ii)(III) & (IV).
5 See, H.R.Rep. No. 108-77, 1st Sess. (2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.
6 Sen. Rep. No. 108-185, supra, at p. 34.
7 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.].
8 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).
ORDER
1. Student’s complaint is insufficiently pled as to the SELPA under section Title
20 United States Code 1415(c)(2)(D).
2. Student shall be permitted to file an amended complaint under Title 20 United
States Code section 1415(c)(2)(E)(i)(II). 9
3. The amended complaint shall comply with the requirements of Title 20 United
States Code section 1415(b)(7)(A)(ii), and shall be filed not later than 14 days from the date of this order. If Student files an amended complaint, OAH will issue a new scheduling order.
4. If Student fails to file a timely amended complaint, the complaint will be
dismissed as to the SELPA.
5. If Student fails to file a timely amended complaint, the hearing shall proceed
only as to New West.
Dated: October 10, 2013 /s/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings 9 The filing of an amended complaint will restart the applicable timelines for a due process hearing.