California OAH special education order · April 9, 2020
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2020030816 · ALJ Judith Pasewark
OAH found Los Angeles Unified's complaint sufficient because its single issue, whether it timely offered Student an independent educational evaluation, was stated clearly enough for Student to respond and take part in mediation.
Summary
Los Angeles Unified School District filed a due process complaint against Student, and Student challenged it with a Notice of Insufficiency. OAH ruled the complaint sufficient. The district identified one issue, whether it offered Student an independent educational evaluation in a timely way, and gave enough facts for Student to respond and participate in mediation. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A district's complaint asking OAH to confirm it handled an independent educational evaluation request properly only needs to state the issue and basic facts, so a sufficiency challenge to a simple, single-issue complaint is unlikely to succeed. Families should prepare to respond on the merits instead.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Sen. Rep. No. 108-185 (2003)
- H.R.Rep. No. 108-77 (2003)
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 FR 46,540-46541, 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:
LOS ANGELES UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2020030816
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
APRIL 9, 2020
On March 23, 2020, Los Angeles Unified School District filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Student. On April 8, 2020, Student filed a Notice of Insufficiency as to the complaint.
APPLICABLE LAW
The named parties have the right to challenge the complaint’s sufficiency.
(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: (1) describes the problem relating to the proposed change regarding the Student’s identification, evaluation, or educational placement, or providing the Student a free appropriate public education; (2) includes facts about the problem; and (3) includes a proposed resolution 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
The facts alleged in Los Angeles Unified School District’s complaint are sufficient.
Los Angeles Unified School District’s complaint identifies the issue and adequate facts about the problem to permit Student to respond and participate in mediation.
Specifically, Los Angeles Unified School District seeks a determination it has offered Student an independent educational evaluation in a timely fashion.
Therefore, Los Angeles Unified School District’s statement of its one issue 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 hearing dates in this matter are
confirmed.
IT IS SO ORDERED.
Judith Pasewark Administrative Law Judge Office of Administrative Hearings