California OAH special education order · August 10, 2021
Order Finding Complaint Sufficient
OAH Case No. 2021070956 · ALJ Alexa Hohensee
OAH found Student's complaint sufficient: despite relying heavily on a 2017 assessment and making vague allegations, it specifically described the services Student needed and Los Angeles did not offer.
Summary
Los Angeles filed a notice of insufficiency challenging Parents' due process complaint. The ALJ noted that the complaint consisted largely of quotes from an old 2017 assessment and contained vague allegations about the district's actions. It was still sufficient because it specifically alleged the services Student required and that Los Angeles did not offer them, such as three hours a day of one-on-one instruction and specified amounts of speech and language therapy, occupational therapy, counseling, and social skills development. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A complaint can survive a sufficiency challenge even if parts are vague, as long as it clearly states the specific services the student needed and did not receive. Naming concrete types and amounts of services is often enough to give the district notice of the claims.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Sen. Rep. No. 108-185 (2003)
- H.R.Rep. No. 108-77 (2003)
- 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:
PARENTS ON BEHALF OF STUDENT,
v.
LOS ANGELES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021070956
ORDER FINDING COMPLAINT SUFFICIENT
AUGUST 10, 2021
On July 29, 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 Los Angeles Unified School District. On August 10, 2021, 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, and 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 the complaint consists largely of quotes from an old 2017 assessment that does not address Student’s educational program, with vague allegations regarding Los Angeles’ actions or inactions, Student does allege with specificity the special education and related services he allegedly required and that Los Angeles did not offer it. For example, Student alleges that he required three hours of one-on-one instruction per day to access the curriculum, and specified amounts of speech and language, occupational therapy, counseling and social skills development. That specificity in 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 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