California OAH special education order · August 30, 2021
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2021080643 · ALJ Christine Arden
OAH found Student's complaint sufficient because it identified the issues and gave Los Angeles Unified enough facts to respond and take part in a resolution session and mediation.
Summary
Los Angeles Unified School District filed a Notice of Insufficiency challenging Student's due process complaint. OAH found that both of the complaint's claims were sufficiently stated, applying the liberal pleading standard under the IDEA. The complaint identified the issues and gave enough facts for the District to respond and participate in a resolution session and mediation. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
OAH reads complaints liberally. A complaint that clearly identifies the issues and the supporting facts will usually survive a district's sufficiency challenge, and the case stays on its original schedule.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)(ii)
- Sen. Rep. No. 108-185 (2003)
- Alexandra R. v. Brookline School Dist. (D.N.H. 2009) 2009 WL 2957991
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 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 2021080643
ORDER OF DETERMINATION OF SUFFICIENCY OF 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 the problem to permit Los Angeles Unified School District to respond and participate in a resolution session and mediation.
Therefore, Student’s statement of the two 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