California OAH special education order · September 28, 2020
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2020090257 · ALJ Judith Pasewark
OAH found Student's complaint sufficient because LAUSD's insufficiency notice was filed after the 5:00 PM deadline and the complaint gave enough facts on both issues to let LAUSD respond.
Summary
LAUSD filed a Notice of Insufficiency challenging Student's due process complaint, but filed it at 6:08 PM on September 25, 2020, so it was deemed filed September 28, 2020. OAH ruled the challenge was untimely because it was not filed by 5:00 PM on the deadline day. OAH also found the complaint sufficient on the merits, because it identified two issues and sub-claims with enough facts for LAUSD to respond and take part in a resolution session and mediation. All mediation, prehearing conference, and hearing dates stayed in place.
Why it matters
A sufficiency challenge filed after 5:00 PM counts as filed the next business day, which can make it late. Even when a challenge is on time, OAH reads parents' complaints liberally and only asks for enough facts to put the district on notice.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(C)
- Ed. Code, § 56502, subd. (d)(1)
- Cal. Code Regs., tit. 1, § 1006, subd. (h)
- 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,
v.
LOS ANGELES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020090257
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
SEPTEMBER 28, 2020
On September 10, 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 25, 2020, at 6:08 PM, LAUSD filed a Notice of Insufficiency as to the complaint. Pursuant to California Code of Regulations, title 1, section 1006, subdivision (h), Los Angeles Unified’s challenge to complaint’s sufficiency is deemed filed on September 28, 2020.
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
First, Los Angeles Unified’s challenge to the sufficiency of Student’s complaint was not timely filed by 5:00 PM on September 25, 2020. (20 U.S.C. § 1415(c)(2)(C);
Ed. Code, § 56502, subd. (d)(1).) Secondly, the facts alleged in Student’s complaint are sufficient. Student’s complaint identifies the issues and adequate facts about the problem to permit Los Angeles Unified to respond and participate in a resolution session and mediation.
Therefore, Student’s statement of the two issues, and sub-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.
IT IS SO ORDERED.
Judith Pasewark Administrative Law Judge Office of Administrative Hearings