California OAH special education order · July 7, 2020
Order Determining Due Process Complaint Sufficient
OAH Case No. 2020060727 · ALJ Alexa Hohensee
OAH found Student's complaint against iLEAD Hybrid Charter School sufficient because it described alleged failures to assess, identify needs, and develop an appropriate IEP, and proposed specific remedies.
Summary
iLEAD Hybrid Charter School filed a notice of insufficiency challenging Student's due process complaint. OAH ruled the complaint sufficient. It found the complaint described Parent's attempts to address Student's program and multiple alleged procedural and substantive failures by iLEAD to assess Student, identify her needs, and develop an appropriate IEP. It also proposed remedies, including reimbursement for private placement and compensatory education. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
OAH reads complaints liberally. A complaint that tells the facts of the family's efforts, lists the district's alleged assessment and IEP failures, and names the remedies sought will usually survive an insufficiency challenge.
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 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:
PARENT ON BEHALF OF STUDENT,
v.
ILEAD HYBRID CHARTER SCHOOL.
OAH CASE NUMBER 2020060727
ORDER DETERMINING DUE PROCESS
COMPLAINT SUFFICIENT
JULY 07, 2020
On June 22, 2020, Parents on behalf of Student filed a due process hearing request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming iLEAD Hybrid Charter School. On July 7, 2020, iLEAD timely 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 Student’s complaint are sufficient. The complaint details Parent’s alleged attempts to address Student’s educational program with iLEAD, and multiple alleged procedural and substantive failures by iLEAD to assess Student, identify her needs, or develop an appropriate individualized education program. The complaint specifies proposed remedies, including reimbursement for private placement and compensatory education Student’s complaint identifies the issues and adequate facts about the problem to permit iLEAD to respond and participate in a resolution session and mediation.
Therefore, Student’s statement of the four claims, with request for remedies, 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.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings