California OAH special education order · April 10, 2018
Order of Determination of Sufficiency of Due Process Complaint as to Community Collaborative Charter School
OAH Case No. 2018030844 · ALJ Deborah Myers-Cregar
OAH found Student's complaint sufficient as to the Charter School because it described the home program, IEP meetings, private placement, and disenrollment well enough for the Charter School to respond.
Summary
The Charter School filed a Notice of Insufficiency challenging Student's due process complaint. Student alleged that the Charter School provided a home school program and held IEP team meetings in November 2016 and June 2017. Student also alleged that Parents privately placed him after disagreeing with the services and placement offer, and that the Charter School then disenrolled him. OAH held that the two claims and the proposed resolutions (another home program, independent assessments, and compensatory education) gave the Charter School enough notice to respond and take part in a resolution session and mediation, so all dates stayed in place.
Why it matters
A complaint does not need detailed legal pleading. A short description of the key IEP meetings, the disagreement, and the requested relief is enough to survive a sufficiency challenge, because OAH reads complaints liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(b)(7)(A)(ii)(IV)
- Ed. Code § 56502
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 FR 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. 2018030844 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
COMMUNITY COLLABORATIVE COMPLAINT AS TO COMMUNITY
CHARTER SCHOOL, ACTON-AGUA COLLABORATIVE CHARTER
DULCE UNIFIED SCHOOL DISTRICT, SCHOOL
AND YUCAIPA-CALIMESA JOINT
UNIFIED SCHOOL DISTRICT.
On March 20, 2018 Student filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming Community Collaborative Charter School, Acton-Agua Dulce Unified School District, and Yucaipa-Calimesa Joint Unified School District. On April 4, 2018, the Charter School filed a Notice of Insufficiency as to Student’s complaint.2
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.
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).
2 Yucaipa-Calimesa Joint Unified School District also filed a Notice of Insufficiency on the same date, and such NOI is addressed in a separate Order.
§ 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 complaint alleges that the Charter School had provided him with a home school program, held an individualized educational program team meeting on November 28, 2016, and also on June 2017. Student alleged Parents unilaterally privately placed him after a disagreement as to the special education services and placement offer. Student alleged the Charter School disenrolled him.
The facts alleged in Student’s complaint are sufficient to put the Charter School on notice of the issues forming the basis of the complaint. Student’s complaint identifies the issues and adequate related facts about the problem to permit the Charter School to respond to the complaint and participate in a resolution session and mediation.
Therefore, Student’s statement of the two claims against the Charter School is sufficient.
Student’s proposed resolutions request relief in the form of another home program, independent assessments, and compensatory education as to all Respondents. 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).) Student has met the statutorily required standard of stating a resolution to the extent known and available to him at the time.
ORDER
1. The complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii) as to the Charter School.
2. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
DATE: April 10, 2018
DEBORAH MYERS-CREGAR
Administrative Law Judge Office of Administrative Hearings