California OAH special education order · September 23, 2013
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2013090110 · ALJ Peter Paul Castillo
OAH found Student's complaint sufficient because it gave enough facts about the settlement and CAVA's limits on compensatory education providers, along with well-defined proposed resolutions, to put the District and CAVA on notice.
Summary
CAVA challenged the sufficiency of Student's complaint, which raised four issues alleging that the District and CAVA failed to provide adequate compensatory education by limiting Student's choice of providers under a settlement agreement. OAH found that the complaint alleged enough facts to put both agencies on notice of the issues, and that Student's proposed resolution, letting Student choose the provider, was well defined. OAH confirmed all scheduled dates. It also said it would not consider CAVA's jurisdictional arguments, which CAVA had labeled a motion to dismiss, unless CAVA filed a separate noticed motion.
Why it matters
A complaint about a district limiting the providers for compensatory education under a settlement can survive a sufficiency challenge if it describes the settlement facts and requests a clear remedy. Districts cannot slip jurisdictional arguments into a notice of insufficiency; they must file a separate motion to dismiss.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- 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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013090110
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
WEST COVINA UNIFIED SCHOOL COMPLAINT
DISTRICT AND CALIFORNIA VIRTUAL
ACADEMIES.
On September 3, 2013, Parent on behalf of Student (Student) filed a Due Process Hearing Request 1 (complaint) with the Office of Administrative Hearings (OAH) naming the West Covina Unified School District (District) and California Virtual Academies (CAVA).
On September 18, 2013, CAVA filed a Notice of Insufficiency (NOI) as to Student’s complaint. 2
APPLICABLE LAW
The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. 3 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 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 CAVA labeled it motion a Notice of Insufficiency and Motion to Dismiss. If CAVA wishes that OAH consider whether OAH has jurisdiction over Student’s claims, CAVA needs to file a separate Motion to Dismiss. OAH will not consider CAVA’s Motion to Dismiss claims regarding jurisdictional issues until CAVA files a separate noticed motion.
3 20 U.S.C. § 1415(b) & (c).
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. 4 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. 5 The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” 6 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. 7 Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. 8
DISCUSSION
Student’s complaint contains four issues for hearing, all of which allege that the District and CAVA failed to provide Student with adequate compensatory education for denying Student a FAPE by limiting his choice of providers to provide this compensatory education. Student alleges sufficient facts in his complaint regarding the parties’ settlement agreement and how purportedly CAVA limited his ability to receive compensatory education to put the District and CAVA on notice as to the issues for hearing.
Student’s proposed resolutions are that the District and CAVA permit Student to choose a provider of his choice to provide the compensatory education services. 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 4 20 U.S.C. § 1415(b)(7)(A)(ii)(III) & (IV).
5 See, H.R.Rep. No. 108-77, 1st Sess. (2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.
6 Sen. Rep. No. 108-185, supra, at p. 34.
7 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.].
8 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).
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: September 23, 2013 /s/
PETER PAUL CASTILLO
Administrative Law Judge Office of Administrative Hearings