California OAH special education order · August 30, 2021
Order of Determination of Sufficiency of the Due Process Complaint
OAH Case No. 2021080548 · ALJ Christine Arden
OAH found Student's complaint sufficient, ruling that a misnumbered third issue was only a typographical error and that all three claims gave Los Angeles Unified enough facts to respond.
Summary
Los Angeles Unified School District filed a Notice of Insufficiency challenging Student's due process complaint. OAH found that the complaint identified three problems with enough facts for the District to respond and take part in a resolution session and mediation. The last issue, about the 2021-2022 school year, was labeled as a second 'issue two' instead of issue three. OAH called this a typographical error that did not make the complaint insufficient, and it confirmed all scheduled dates.
Why it matters
OAH reads complaints liberally, so small drafting mistakes like misnumbered issues will not sink a complaint that clearly describes the problems and facts. Districts are unlikely to win a sufficiency challenge on technical errors alone.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Sen. Rep. No. 108-185
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed. Reg. 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.
OAH CASE NUMBER 2021080548
ORDER OF DETERMINATION OF SUFFICIENCY OF THE DUE
PROCESS COMPLAINT
AUGUST 30, 2021
On August 18, 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. On August 27, 2021, Los Angeles Unified School District filed a Notice of Insufficiency as to the complaint.
APPLICABLE LAW
The named party has a 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. Student’s complaint identifies the issues and adequate facts about each of the three problems to permit Los Angeles Unified School District to respond and participate in a resolution session and mediation. There is a numbering error of the last and third issue, which starts at page 8, line 17 of the complaint. This issue deals with the 2021-2022 school year, and appears to actually be Student’s issue number three, not a second issue two. This error in the numbering of the last issue constitutes merely a typographical error and does not render the complaint insufficient. Therefore, Student’s statement of the three claims alleged in the complaint 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.
Christine Arden Administrative Law Judge Office of Administrative Hearings