California OAH special education order · September 21, 2020
Order Finding Complaint Sufficiently Pled
OAH Case No. 2020090110 · ALJ Alexa Hohensee
OAH found Student's complaint sufficient. Although it quoted an assessment report at length, the issue headings clearly stated which violations occurred in which school year and what program components were missing.
Summary
Los Angeles filed a notice of insufficiency challenging Student's due process complaint. Student's complaint quoted an assessment report at length in its identifying-information section. It also alleged two claims, one for 2019-2020 and one for 2020-2021: failure to offer appropriate placement, assessment, clear offers, accommodations, behavior supports, transition plan, and extended school year services. OAH found the claims were stated clearly enough under the issue headings for the District to respond and take part in resolution and mediation, and it confirmed all dates.
Why it matters
Long background material copied from an assessment report will not make a complaint insufficient, as long as the issue sections clearly tie each alleged violation to a school year and to the services the student needed.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Sen. Rep. No. 108-185 (2003)
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- M.S.-G v. Lenape Regional High School Dist. Bd. of Educ. (3d Cir. 2009) 306 Fed.Appx. 772
- 71 Fed. Reg. 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,
v.
LOS ANGELES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020090110
ORDER FINDING COMPLAINT SUFFICIENTLY PLED
SEPTEMBER 21, 2020
On September 4, 2020, Student filed a due process hearing request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Los Angeles Unified School District. On September 18, 2020, Los Angeles 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. Although Student does quote from an assessment report at length in a section entitled “Identifying Information,” and the assessor was neither an attorney nor drafting the allegations of a complaint, Student alleges his claims clearly and more concisely under the issue headings. Student alleges in two claims, for the 2019-2020 and 2020-2021 school years respectively, that Los Angeles failed to offer an appropriate placement, assess in all areas of need, make clear offers, offer appropriate accommodations, offer appropriate behavior supports, offer an appropriate transition plan, or offer appropriate extended school year instruction and services. Under each issue heading, Student specifies which alleged violations occurred in which school year, and the components of the program Student allegedly required but was not offered.
Student’s complaint identifies the issues and adequate facts about the problem to permit Los Angeles to respond and participate in a resolution session and mediation.
Therefore, Student’s statement of the two claims 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