Order of Determination of Sufficiency of Due Process Complaint Filed by Goethe International Charter School

BEFORE THE

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA

In the Matter of:

PARENT ON BEHALF OF STUDENT, OAH Case No. 2016100222 v. ORDER OF DETERMINATION OF

SUFFICIENCY OF DUE PROCESS

LOS ANGELES UNIFIED SCHOOL COMPLAINT FILED BY GOETHE

DISTRICT AND GOETHE INTERNATIONAL CHARTER

INTERNATIONAL CHARTER SCHOOL. SCHOOL

On September 21, 2016, Student filed a Due Process Hearing Request (complaint)

with the Office of Administrative Hearings naming Los Angeles Unified School District. On October 4, 2016, Student filed an amended complaint that added Goethe International Charter School as a party. On October 11, 2016, Goethe filed a Notice of Insufficiency as to Student’s complaint. Los Angeles has not filed any documents as to the either complaint.

APPLICABLE LAW

The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. (20 U.S.C. § 1415(b) & (c).) 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).

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.

(20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(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 public education 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. (20 U.S.C.

1 A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under title 20 U.S.C. section 1415(b)(7)(A).

§ 1415(b)(7)(A)(ii)(III) & (IV).) 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. (See H.R.Rep. No. 108-77, 1st Sess. (2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.)

The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” (Sen. Rep. No. 108-185, supra, at p. 34.) 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. (Alexandra R. ex rel. Burke v. Brookline School Dist. (D.N.H., Sept. 10, 2009, CIV. 06-CV-0215-JL) 2009 WL 2957991[nonpub. opn.]; Escambia County Bd. 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, 8:04CV2657T24EAJ) 2005 WL 2850076 [nonpub. opn.]; but cf. M.S.-G v. Lenape Regional High School Dist. Bd. of Educ. (3d Cir. 2009) 306 Fed.Appx.

772, 775 [nonpub. opn.].) Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. (Assistance to States for the Educ. of Children with Disabilities & Preschool Grants for Children with Disabilities (Aug. 14, 2006) 71 FR 46,540-46541, 46699.)

DISCUSSION

Student’s amended complaint contains four issues, which contends District has failed to meet Student’s unique educational needs. Student’s complaint fails to allege sufficient facts regarding Goethe because Student’s complaint only alleges facts regarding Los Angeles and none as to Goethe. Therefore, Student failed to allege sufficient facts to put Goethe on notice as to any of the four issues for hearing.

Among Student’s proposed resolutions is that Los Angeles provide Student with additional services, primarily tutoring, and not removing Student from her class for specialized instruction. 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 as to Los Angeles. However, Student fails to provide any proposed resolutions as to Goethe.

A parent who is not represented by an attorney may request that OAH provide a mediator to assist the parent in identifying the issues and proposed resolutions that must be included in a complaint. (Ed. Code, § 56505.) Parent is encouraged to contact OAH for assistance if Parent intends to amend the due process hearing request.

ORDER

1. Student’s complaint is insufficiently pled as to Goethe under title 20 United

States Code section 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).

3. The amended complaint shall comply with the requirements of title 20 U.S.C.

section 1415(b)(7)(A)(ii), and shall be filed not later than 14 days from the date of this order.

4. If Student fails to file a timely amended complaint, matter shall proceed as to

Los Angeles only and Goethe dismissed as a party.

5. All dates previously set in this matter remain on calendar as to Los Angeles.

DATE: October 18, 2016

PETER PAUL CASTILLO

Presiding Administrative Law Judge Office of Administrative Hearings The filing of an amended complaint will restart the applicable timelines for a due process hearing.