California OAH special education order · May 10, 2021
Order Granting Notice of Insufficiency
OAH Case No. 2021040746 · ALJ Cynthia Fritz
OAH found Student's complaint insufficient as to Hacienda La Puente Unified because it repeatedly blamed an undefined "District" and never said when Student attended each of the two named districts.
Summary
Hacienda La Puente Unified School District filed a notice of insufficiency against Student's complaint, which named both it and Anaheim Union High School District. The complaint defined each district and the two together as "Districts," but then repeatedly referred to a single "District" in its facts, issues, and proposed resolutions without saying which one it meant. It also did not say when Student attended each district. OAH found the complaint insufficient as to Hacienda La Puente only, gave Student 14 days to amend, warned that Hacienda La Puente would be dismissed if Student did not amend, and vacated dates as to Hacienda La Puente only.
Why it matters
When a complaint names more than one district, it must say which district did what, and when Student attended each one. Otherwise a district can get the complaint found insufficient, and it can be dropped from the case if no amendment is filed on time.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)(ii)
- 20 U.S.C. § 1415(c)(2)(D)
- 20 U.S.C. § 1415(c)(2)(E)(i)(II)
- Sen. Rep. No. 108-185 (2003)
- 71 Fed. Reg. 46540-46541, 46699 (Aug. 14, 2006)
- 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:
PARENTS ON BEHALF OF STUDENT,
v.
ANAHEIM UNION HIGH SCHOOL DISTRICT AND HACIENDA LA
PUENTE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021040746
ORDER GRANTING NOTICE OF INSUFFICIENCY
MAY 10, 2021
On April 22, 2021, 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 Anaheim Union High School District and Hacienda La Puente Unified School District as respondents. On May 7, 2021, Hacienda La Puente Unified School District 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
Student's complaint alleged three issues and six proposed resolutions that Hacienda La Puente Unified School District contends are insufficiently pled due to vagueness and lack of notice. Here, the complaint failed to sufficiently put Hacienda La Puente Unified School District on notice of the issues forming the basis of the complaint.
Here, Student's complaint defined Anaheim Union High School District as "AUHSD" and "HLPUSD" for Hacienda La Puente Unified School District. Student also collectively defined "Districts" as Anaheim Union High School District and Hacienda La Puente Unified School District. Throughout the complaint, Student repeatedly referred to "District" not "Districts" in the statement of facts, issues presented, and proposed resolutions, and failed to define the term or explain which respondent is the "District."
Additionally, three of the six proposed resolutions also requested relief from "District"
without further explanation. Further, Student's complaint failed to specify when Student was attending the individual school districts. Thus, the complaint failed to specify what specific acts or failures to act are attributable to Hacienda La Puente Unified School District sufficient to give it an awareness and understanding of the issues and proposed resolutions such that can be used to prepare for a resolution session, mediation, and due process hearing. Accordingly, the complaint is insufficiently pled as to Hacienda La Puente Unified School District.
ORDER
1. Student's complaint is insufficiently pled under section title 20 United States
Code 1415(c)(2)(D) as to Hacienda La Puente Unified School District.
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. The amended complaint shall specify the issues and proposed resolutions as
they pertain to Hacienda La Puente Unified School District and each responding party.
5. If Student fails to file a timely amended complaint, Hacienda La Puente
Unified School District will be dismissed as a party
6. All dates previously set in this matter are vacated as to Hacienda La Puente
Unified School District only.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings