California OAH special education order · April 28, 2022
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2022040494 · ALJ Marlo Nisperos
OAH found Student's complaint insufficient as to El Dorado County Charter SELPA because it alleged no facts showing SELPA was responsible for Student's FAPE or violated special education law.
Summary
SELPA filed a Notice of Insufficiency challenging Student's due process complaint, which named both iLead Exploration Charter School and El Dorado County Charter SELPA. OAH found all four claims against SELPA insufficiently pled. The complaint gave no facts showing SELPA was responsible for providing Student a FAPE, and no facts showing SELPA violated the IDEA or California law. Student may file an amended complaint within 14 days. If Student does not, SELPA will be dismissed and the case will proceed against iLead only.
Why it matters
Naming a SELPA alongside a charter school is not enough by itself. The complaint must include facts explaining why the SELPA was responsible for the student's education and what the SELPA did wrong.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)(ii)
- 20 U.S.C. § 1415(c)(2)(D)
- 20 U.S.C. § 1415(c)(2)(E)(i)(II)
- 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.
ILEAD EXPLORATION CHARTER SCHOOL AND EL DORADO
COUNTY CHARTER SPECIAL EDUCATION LOCAL PLAN AREA.
OAH CASE NUMBER 2022040494
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
APRIL 28, 2022
On April 15, 2022, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming iLead Exploration Charter School and El Dorado County Charter Special Education Local Plan Area, called SELPA. On April 26, 2022, SELPA filed a Notice of Insufficiency as to the complaint.
APPLICABLE LAW
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
Student’s complaint alleges four insufficiently pled claims pled against SELPA.
The complaint provides no facts to establish that SELPA was responsible for providing a free appropriate public education, called FAPE, to Student or facts that SELPA violated the Individuals with Disabilities Education Act or California special education laws. The complaint fails to provide SELPA with an understanding of the claims being asserted against it that would allow SELPA to prepare for hearing, resolution session, or mediation.
ORDER
1. Student’s complaint is insufficiently pled as to El Dorado County Charter
SELPA under section title 20 United States Code 1415(c)(2)(D).
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.
4. If Student fails to file a timely amended complaint, the complaint will be
dismissed against El Dorado County Charter SELPA, the SELPA will be dismissed as a party, and the complaint will proceed against iLead Exploration Charter School only.
5. All dates previously set in this matter related to El Dorado County Charter
SELPA are vacated.
IT IS SO ORDERED.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings