California OAH special education order · July 2, 2013
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2013050386 · ALJ Robert Helfand
OAH found Student's amended complaint sufficient, rejecting the District's notice of insufficiency because 26 pages of detailed facts clearly identified each issue.
Summary
Student filed an amended due process complaint against Torrance Unified School District, and the District challenged it with a notice of insufficiency. The ALJ applied the liberal pleading standard under the IDEA. Pages two through 27 of the amended complaint laid out detailed facts and clearly identified each issue. That was enough for the District to respond and take part in a resolution session and mediation, so the complaint was found sufficient and all dates were confirmed.
Why it matters
A complaint that clearly identifies each issue and backs it with specific facts will hold up against a district's insufficiency challenge. OAH reads complaints liberally and asks only whether the district has fair notice of the issues.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Ed. Code § 56502
- Escambia County Board of Educ. v. Benton (S.D.Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed.Reg. 46540-46541, 46699 (Aug. 14, 2006)
- Sen. Rep. No. 108-185 (2003)
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, OAH CASE NO. 2013050386
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
TORRANCE UNIFIED SCHOOL COMPLAINT
DISTRICT.
On June 11, 2013, Parents on behalf of Student (Student) filed an Amended Due Process Hearing Request 1 (AC) naming the Torrance Unified School District (District) as respondent.
On June 26, 2013, the District filed a Notice of Insufficiency (NOI) as to Student’s
AC.
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 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).
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. 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 facts alleged in Student’s AC are sufficient to put the District on notice of the issues forming the basis of the complaint. Student recites, on pages two through 27 of the AC, in detail facts to support its allegations. The AC clearly identifies the issues and alleges specific related facts about each of the individual issues to permit the District to respond to the AC and participate in a resolution session and mediation.
Therefore, Student’s amended complaint is sufficient.
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).
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 are hereby confirmed.
.
Dated: July 2, 2013 /s/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings