California OAH special education order · November 18, 2021
Order of Determination of Insufficiency of Due Process Complaint as to Los Angeles County Charter Special Education Local Plan Area
OAH Case No. 2021110365 · ALJ Jennifer Kelly
OAH found Student's complaint insufficient as to Los Angeles County Charter SELPA because it alleged no facts showing the SELPA's involvement in the charter school's failure to provide adaptive physical education.
Summary
Parents filed a due process complaint against Los Angeles County Charter SELPA and Granite Mountain Charter School District. All three issues alleged that Granite Mountain Charter failed to provide one-to-one adaptive physical education services required by Student's IEP for 2021-2022. The SELPA filed a notice of insufficiency. OAH agreed, finding the complaint described no facts about the SELPA's role, and gave Student 14 days to amend or the SELPA would be dismissed as a party.
Why it matters
A complaint that names a SELPA or other agency must include specific facts showing what that agency did or failed to do. Naming it alongside the school is not enough. Parents without attorneys can ask OAH for a mediator to help frame issues before amending.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)
- Ed. Code § 56502
- Ed. Code § 56505
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 COUNTY CHARTER SPECIAL
EDUCATION LOCAL PLAN AREA,
GRANITE MOUNTAIN CHARTER SCHOOL DISTRICT.
OAH CASE NUMBER 2021110365
ORDER OF DETERMINATION OF INSUFFICIENCY OF
DUE PROCESS COMPLAINT AS TO LOS ANGELES COUNTY
CHARTER SPECIAL EDUCATION LOCAL PLAN AREA
NOVEMBER 18, 2021
On November 10, 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 County Charter Special Education Local Plan Area, referred to as Los Angeles County Charter SELPA and Granite Mountain Charter School District. On November 17, 2021, Los Angeles County Charter SELPA 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).
The complaint is deemed sufficient unless a party notifies OAH and the other party in writing within 15 days of receiving the complaint that the party believes the complaint has not met the notice requirements. (20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).)
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 Individuals with Disabilities Education Act, 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 complaints alleges three issues. Each issue relates to Student’s contention that Granite Mountain Charter failed to provide Student one-to-one adaptive physical education services for the 2021-2022 school year in accordance with Student’s individualized education program, IEP. The complaint fails to allege any facts describing how Los Angeles County Charter SELPA was involved in any decisions relating to the identification, evaluation, or educational placement of Student, or the provision of a free appropriate public education to Student. The complaint is insufficiently pled to put Los Angeles County Charter SELPA on notice as to the basis of Student’s claims.
A parent without an attorney may request that OAH provide a mediator to assist the parent in identifying the issues and proposed resolutions that must be included in a complaint. (Ed. Code, § 56505.) Parents are encouraged to contact OAH for assistance if they intend to amend their due process hearing request.
ORDER
1. Student’s complaint is insufficiently pled under section title 20 United States
Code 1415(c)(2)(D) as to Los Angeles County Charter SELPA.
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. The filing of an amended complaint will restart the applicable timelines for a due process hearing.
4. If Student fails to file a timely amended complaint, the complaint will proceed
as to Granite Mountain Charter School District only and Los Angeles County Charter SELPA shall be dismissed as a party.
IT IS SO ORDERED.
Jennifer Kelly Administrative Law Judge Office of Administrative Hearings