California OAH special education order · October 17, 2013
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2013080810 · ALJ Peter Paul Castillo
OAH found Student's amended complaint sufficient because it alleged enough facts about assessment failures, social-emotional needs, and the need for residential placement to put the District on notice.
Summary
After OAH found Student's first complaint insufficient, Student filed an amended complaint. The District challenged it with a second notice of insufficiency. OAH found the amended complaint sufficient. It raised two clear issues: failure to assess in all areas of suspected disability, and failure to meet Student's social-emotional needs, which led Parents to make a unilateral private placement. It also stated well-defined proposed resolutions seeking reimbursement for the residential placement and a private assessment. OAH said any statute of limitations concerns belong in a motion to dismiss, not a sufficiency challenge.
Why it matters
An amended complaint that clearly states the issues, the supporting facts, and specific reimbursement requests can survive a district's repeated sufficiency challenges. Timeliness arguments must be raised through a motion to dismiss, not a notice of insufficiency.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Ed. Code § 56502
- Sen. Rep. No. 108-185
- 71 Fed.Reg. 46540-46541, 46699
- Escambia County Board of Educ. v. Benton (S.D.Ala. 2005) 406 F.Supp.2d 1248
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. 2013080810
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
DAVIS JOINT UNIFIED SCHOOL COMPLAINT
DISTRICT.
On August 22, 2013, Student’s parents on behalf of Student (Student) filed a due process hearing request 1 (complaint) with the Office of Administrative Hearings (OAH)
naming the Davis Joint Unified School District (District). On September 6, 2013, the District filed a notice of insufficiency (NOI) as to Student’s complaint. On September 9, 2013, OAH granted the District’s NOI and gave Student 14 days to file an amended complaint. On September 20, 2013, OAH granted Student an extension until September 30, 2013 to file an amended complaint.
On September 30, 2013, Student filed an amended complaint. The District filed an NOI on October 15, 2013.
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 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).
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 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 Individuals with Disabilities Education Act 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
Student’s complaint contains two issues for hearing regarding the District’s purported failure to assess Student in all areas of suspected disability and purported failure to meet Student’s social emotional needs, which caused Parents to make a unilateral private placement. 8 Student alleges sufficient facts in his complaint regarding his mental health and social emotional needs, District’s failure to assess and his need for a residential placement to put the District on notice as to the issues for hearing. Concerns regarding whether any of Student’s allegations are outside the two-year statute of limitations should be addressed through a motion to dismiss.
3 20 U.S.C. § 1415(b)(7)(A)(ii)(III) & (IV).
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).
8 Student’s listed third issue, request for reimbursement, is in fact a proposed resolution for the District’s purported denial of FAPE.
Student’s proposed resolution is that the District reimburse Parents for costs related to the unilateral private residential placement and privately obtained assessment. 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 requests that meet the statutorily required standard of stating a resolution to the extent known and available to Student 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.
Dated: October 17, 2013 /s/
PETER PAUL CASTILLO
Administrative Law Judge Office of Administrative Hearings