California OAH special education order · May 7, 2019
Order of Determination of Sufficiency of Due Process Complaint as to San Diego Unified School District
OAH Case No. 2019041080 · ALJ Rommel P. Cruz
OAH found Student's complaint insufficient against San Diego Unified because Student attended a charter school that is its own local educational agency, and San Diego Unified provided no services during the period at issue.
Summary
San Diego Unified filed a notice of insufficiency and asked to be dismissed as a party. San Diego Cooperative and Student did not oppose. OAH found the complaint alleged no facts against San Diego Unified, because Student was enrolled at San Diego Cooperative, which is its own local educational agency, and San Diego Unified provided no special education services during the relevant period. Student may file an amended complaint within 14 days; otherwise San Diego Unified will be dismissed and the case will proceed against the charter school only, and the motion to dismiss was denied as moot.
Why it matters
When a student attends a charter school that is its own local educational agency, families generally need specific facts tying any other district to the alleged violations before naming it as a party. Without those facts, the district can be removed from the case.
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, subd. (d)(1)
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
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. 2019041080 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
SAN DIEGO COOPERATIVE CHARTER COMPLAINT AS TO SAN DIEGO
SCHOOL AND SAN DIEGO UNIFIED UNIFIED SCHOOL DISTRICT
SCHOOL DISTRICT.
On April 25, 2019, Parent on behalf of Student filed a Due Process Hearing Request (complaint) with the Office of Administrative Hearings naming San Diego Cooperative Charter School and San Diego Unified School District. On April 30, 2019, San Diego Unified filed a timely Notice of Insufficiency as to Student’s complaint and moved to dismiss itself as a party.
On May 2, 2019, San Diego Cooperative filed a non-opposition to the NOI and motion to dismiss. On May 3, 2019, Student filed a non-opposition to the motion to dismiss San Diego Unified as a party.
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, 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).
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 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 claims in the complaint are all insufficiently pled as it relates to San Diego Unified. San Diego Unified contends, and Student does not dispute, that Student was enrolled in San Diego Cooperative at all relevant times. Parties do not dispute that San Diego Cooperative is its own local educational agency and San Diego Unified had not provided Student with special education and related services during the period at issue.
Student’s complaint fails to allege sufficient facts against San Diego Unified of any alleged violations related to the proposed initiation or change concerning the identification, evaluation, or educational placement of Student, or the provision of a free appropriate public education to Student. The complaint fails to provide San Diego Unified with an awareness and understanding of the issues forming the basis of the complaint against it. Accordingly, the complaint is insufficiently pled against San Diego Unified.
ORDER
1. Student’s complaint as it relates to San Diego Unified is insufficiently pled
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).
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 San Diego Unified will be
dismissed as a party and the hearing shall proceed against San Diego Cooperative only.
5. San Diego Unified’s motion to dismiss is denied as moot.
DATE: May 7, 2019
ROMMEL P. CRUZ
Administrative Law Judge Office of Administrative Hearings The filing of an amended complaint will restart the applicable timelines for a due process hearing.