California OAH special education order · May 24, 2021
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2021050339 · ALJ Rita Defilippis
OAH found Student's complaint sufficient because its nine issues identified the challenged IEPs and the alleged instruction and goal failures, and it gave specific proposed resolutions for each issue.
Summary
Citizens of the World Charter School filed a notice of insufficiency. It argued that Student's complaint did not give notice of the issues and lacked enough information about proposed remedies. OAH disagreed. The complaint's nine issues challenged three IEPs, including amendments, for failing to offer appropriate instruction in social skills, math, and English language arts and failing to develop appropriate goals, and each issue came with specific proposed resolutions. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A complaint that ties each issue to specific IEPs, describes the areas of need and the missing instruction or goals, and gives a proposed remedy for each issue will usually survive a sufficiency challenge. OAH reads pleadings liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(b)(7)(A)(ii)(IV)
- Sen. Rep. No. 108-185
- 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:
PARENTS ON BEHALF OF STUDENT,
v.
LOS ANGELES UNIFIED SCHOOL DISTRICT AND CITIZENS OF THE
WORLD CHARTER SCHOOL.
OAH CASE NUMBER 2021050339
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
MAY 24, 2021
On May 12, 2021, 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 and Citizens of the World Charter School. On May 21, 2021, Citizens of the World 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, a called a FAPE; (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
Citizens of the World contends that Student’s complaint is insufficient because it failed to put it on notice of the issues forming the basis of the complaint. Citizens of the World’s contention is unpersuasive. The facts alleged in Student’s complaint are sufficient. Student’s complaint contains nine issues alleging that each of three individualized education programs, called IEP’s, including IEP amendments, denied Student a FAPE. Specifically, the complaint alleges that Citizens of the World and Los Angeles failed to offer appropriate instruction to address Student’s social skill, math, and English language arts deficits and to develop appropriate goals in academics, behavior, communication, and social skills. Accordingly, Student’s complaint identifies the issues and adequate facts about the problem to permit Citizens of the World to prepare for hearing and respond and participate in a resolution session and mediation. Therefore, Student’s statement of issues is sufficient.
Citizens of the world also contends that Student’s complaint lacks sufficient information as to proposed demands and remedies. A complaint is required to include proposed resolutions to the problem, to the extent known and available to the party at the time. (20 U.S.C. §1415(b)(7)(A)(ii)(IV).) Student’s complaint contains specific, well- defined proposed resolutions for each issue. Student has met the statutorily required standard regarding proposed resolutions.
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.
Rita Defilippis Administrative Law Judge Office of Administrative Hearings