California OAH special education order · December 9, 2025

Order Determining Due Process Complaint Insufficient as to Los Angeles County Charter SELPA

OAH Case No. 2025120329 · ALJ Penelope S. Pahl

OAH found Student's complaint insufficient as to Los Angeles County Charter SELPA because its only issue named the charter school and made no claims against the SELPA; Student may amend within 14 days.

Denied Sufficiency of complaint

Summary

Student filed a due process complaint against Lashon Academy Charter School and Los Angeles County Charter SELPA, and the SELPA filed a Notice of Insufficiency. OAH found the complaint's single issue asked only whether the "Charter" offered a free appropriate public education and made no claims against the SELPA. Without any claim against it, the SELPA could not prepare for a resolution session, mediation, or hearing. Student has 14 days to file an amended complaint; otherwise the case will go forward against the charter school only, on the current schedule.

Why it matters

Naming an agency as a respondent is not enough. The complaint must state specific issues and facts against each named party, or that party can drop out of the case. OAH also warned that each filing, such as a notice of representation and a notice of insufficiency, must be submitted as a separate document.

Key authority cited

  • 20 U.S.C. § 1415(b)(7)(A)
  • 20 U.S.C. § 1415(c)(2)
  • Ed. Code § 56502, subd. (d)(1)
  • Sen. Rep. No. 108-185
  • Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
  • 71 Fed. Reg. 46699

Topics

sufficiency charter school selpa notice of insufficiency amended complaint filing requirements

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.

LASHON ACADEMY CHARTER SCHOOL AND LOS ANGELES

COUNTY CHARTER SELPA.

OAH CASE NUMBER 2025120329

ORDER DETERMINING DUE PROCESS COMPLAINT

INSUFFICIENT AS TO LOS ANGELES COUNTY CHARTER

SELPA

DECEMBER 9, 2025

On December 3, 2025, Parent, on behalf of Student filed a Due Process Hearing Request, also called a complaint, with the Office of Administrative Hearings, called OAH, naming Lashone Academy Charter School and Los Angeles County Charter Special Education Local Plan Area or SELPA as respondents. On December 9, 2025, Los Angeles 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).

A party has the right to file a notice asserting a complaint is insufficient within 15 days of receiving a request for due process hearing. (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, or 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.] 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 Fed. Reg. 46541, 46699.)

Student’s complaint alleges a single issue, entitled, “Whether Charter’s offers of academic services provided petitioner with a free appropriate public education.” The first paragraph notes that Lashon Academy would be referred to as “Charter”

throughout the complaint. Student noted Los Angeles County Charter SELPA would be referred to as “the SELPA.” The single issue alleges no claims against Los Angeles County Charter SELPA or “the SELPA.” As a result, Los Angeles County Charter SELPA has no information adequate to allow it to prepare for resolution session, mediation, or hearing.

INDIVIDUAL FILINGS REQUIRED FOR MULTIPLE DOCUMENTS

It is noted that Los Angeles County Charter SELPA filed a document that combined its notice of representation and its Notice of Insufficiency, which is generally not allowed. In this instance, the combined filing was overlooked because the combination of documents did not result in the need to apply different Order deadlines.

However, separate documents are required not only because there can be conflicting deadlines that are difficult to apply to a single document. Individual filings are also required because combining different types of filings can result in motions being overlooked. This can result in missed response deadlines. In the future, Los Angeles County Charter SELPA must submit separate documents for each item filed.

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 after the date of this order.

4. If Student fails to file a timely amended complaint, the complaint will be

proceed against Lashon Academy Charter school only, on the dates currently scheduled for this case.

IT IS SO ORDERED.

Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings