California OAH special education order · April 24, 2017
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2017040657 · ALJ Tara Doss
OAH found District's complaint sufficient because it identified a single issue, whether its December 2015 social-emotional assessment was appropriate so as to defeat an independent evaluation request, plus supporting facts and a proposed resolution.
Summary
Los Angeles Unified School District filed a due process complaint asking OAH to find that its December 2015 Social Emotional assessment of Student was appropriate, so Student is not entitled to an independent educational evaluation (IEE) at public expense. Student filed a Notice of Insufficiency challenging the complaint. OAH ruled the complaint sufficient because it named the assessment by date and document, stated one clear issue, and gave a requested resolution. All mediation, prehearing conference, and hearing dates stayed as scheduled.
Why it matters
When a district files to defend its assessment after a parent requests an IEE, a short complaint that names the specific assessment and the remedy it wants will usually be enough. Challenging its sufficiency is unlikely to delay the hearing.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Ed. Code § 56502
- Sen. Rep. No. 108-185 (2003)
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed. Reg. 46540-46541, 46699 (Aug. 14, 2006)
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:
LOS ANGELES UNIFIED SCHOOL OAH Case No. 2017040657
DISTRICT,
ORDER OF DETERMINATION OF
v. SUFFICIENCY OF DUE PROCESS
COMPLAINT
PARENT ON BEHALF OF STUDENT.
On April 12, 2017, Los Angeles Unified School District filed a Request for Due Process Hearing1 (complaint) with the Office of Administrative Hearings naming Student.
On April 21, 2017, Student filed a Notice of Insufficiency as to District’s 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).
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.
§ 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 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).
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
The facts alleged in District’s complaint are sufficient to put the Student on notice of the issues forming the basis of the complaint. District’s complaint identifies one issue:
whether its December 2015 Social Emotional assessment of Student was appropriate such that Student is not entitled to an independent educational evaluation at public expense.
District describes the assessment at issue by date and document and states the requested resolution. These facts are sufficient to permit Student to respond to the complaint and participate in mediation.
Therefore, District’s complaint is sufficient.
ORDER
1. The complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
2. All mediation, prehearing conference, and due process hearing dates in this
shall remain as scheduled.
DATE: April 24, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings