California OAH special education order · April 23, 2013
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2013040731 · ALJ Stella Owens-Murrell
OAH found Student's complaint sufficient, ruling that its seven FAPE issues and supporting facts gave District enough notice to respond, and that its proposed resolutions were well-defined.
Summary
District challenged Student's due process complaint with a notice of insufficiency. The complaint raised seven issues, including a full continuum of placement options, nonpublic agency aide support, reading instruction, independent OT and speech-language evaluations, assessment in all areas of suspected disability, and adapted physical education. OAH found the facts gave District notice of the issues and enough information to respond and take part in a resolution session and mediation. It also found the proposed resolutions well-defined, so all scheduled dates stayed in place.
Why it matters
A complaint that clearly lists each problem with related facts and concrete proposed resolutions will usually survive a district's insufficiency challenge, because OAH reads pleading rules liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Ed. Code § 56502
- Sen. Rep. No. 108-185
- Escambia County Board of Educ. v. Benton (S.D.Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed.Reg. 46540-46541, 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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013040731
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
LAWNDALE SCHOOL DISTRICT. COMPLAINT
On April 17, 2013 Student filed a Due Process Hearing Request 1 (complaint) naming Lawndale School District (District).
On April 22, 2013 District filed a Notice of Insufficiency (NOI) as to Student’s complaint.
APPLICABLE LAW
The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. 2 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 contains: (1) a description of the nature of the problem of the child relating to the proposed initiation or change concerning the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education (FAPE) to the child; (2) facts relating to the problem; and (3) a proposed resolution of the problem to the extent known and available to the party at the time. 3 These requirements prevent vague and confusing complaints, and promote fairness by providing the 1 A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under Title 20 United States Code section 1415(b)(7)(A).
2 20 U.S.C. § 1415(b) & (c).
3 20 U.S.C. § 1415(b)(7)(A)(ii)(III) & (IV).
named parties with sufficient information to know how to prepare for the hearing and how to participate in resolution sessions and mediation. 4 The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” 5 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. 6 Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. 7
DISCUSSION
The complaint raises seven problems/FAPE issues by alleging: (1) District failed to offer a full continuum of service options, (2) District failed to provide nonpublic agency (NPA) Para-educator support, (3) District failed to implement appropriate strategies and instruction to support Student’s reading goals, (4) District failed to provide an independent educational evaluation in occupational therapy (OT) when requested by parents, (5) District failed to provide an independent educational speech and language evaluation when requested by parents, (6) District failed to assess Student in all areas of suspected disability, and (7)
District failed to properly evaluate and provide appropriate adapted physical education (APE) services to Student.
The facts alleged in Student’s complaint are sufficient to put the District on notice of the issues forming the basis of the complaint. Furthermore, the complaint identifies the issues and adequate related facts about the problem to permit District to respond to the complaint and participate in a resolution session and mediation.
4 See, H.R.Rep. No. 108-77, 1st Sess. (2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.
5 Sen. Rep. No. 108-185, supra, at p. 34.
6 Alexandra R. v. Brookline School Dist. (D.N.H., Sept. 10, 2009, No. 06-cv-0215- JL) 2009 WL 2957991 at p.3 [nonpub. opn.]; Escambia County Board 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, No. 8:04CV2657T24EAJ) 2005 WL 2850076 at p. 3[nonpub.
opn.] ; but cf. M.S.-G. v. Lenape Regional High School Dist. (3d Cir. 2009) 306 Fed.Appx.
772, at p. 3[nonpub. opn.].
7 Assistance to States for the Education of Children With Disabilities and Preschool Grants for Children With Disabilities, 71 Fed.Reg. 46540-46541, 46699 (Aug. 14, 2006).
A complaint is required to include proposed resolutions to the problem, to the extent known and available to the party at the time. (20 U.S.C. §1415(b)(7)(A)(ii)(IV).) The proposed resolutions stated in Student’s complaint are well-defined. Accordingly, Student has met the statutorily required standard of stating a resolution to the extent known and available to him at the time
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 and the case will proceed as currently scheduled.
Dated: April 23, 2013 /s/
STELLA OWENS-MURRELL
Administrative Law Judge Office of Administrative Hearings