California OAH special education order · January 15, 2014
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2014010335 · ALJ Rebecca Freie
OAH found Student's complaint sufficient because it clearly sought implementation of a previously agreed IEP placing Student in a special day class at a particular elementary school, giving Districts adequate notice.
Summary
Districts (Alta Loma School District, West End SELPA, and San Bernardino County Superintendent of Schools) filed a notice of insufficiency the day after Student filed a due process complaint. OAH found the complaint sufficient because it identified the issue: Student wants Districts ordered to implement a previously agreed IEP that would let him attend a special day class at a particular elementary school. It also gave enough related facts for Districts to respond and take part in a resolution session and mediation. All mediation, prehearing conference, and hearing dates were confirmed, and Districts' motion to dismiss, filed in the same document, was left to a separate order.
Why it matters
A short, focused complaint that names the problem, gives supporting facts, and states the remedy wanted, such as enforcing an agreed IEP, is enough to survive a sufficiency challenge. OAH reads pleadings liberally under the IDEA.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)(ii)
- 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. 2014010335
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
ALTA LOMA SCHOOL DISTRICT, WEST COMPLAINT
END SELPA, and SAN BERNARDINO
COUNTY SUPERINTENDENT OF
SCHOOLS.
On January 13, 2014, Student filed a due process hearing request (complaint), 1 naming Alta Loma School District, West End SELPA [special education local plan area], and San Bernardino County Superintendent of Schools, collectively referred to as “Districts.” 2 On January 14, 2014, Districts filed a notice of insufficiency (NOI) as to Student’s complaint.
APPLICABLE LAW
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 Districts also filed a motion to dismiss in the same document which is ruled upon in a separate order.
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 facts alleged in Student’s complaint are sufficient to put Districts on notice of the issues forming the basis of the complaint. Student is asking that OAH order the Districts to implement a previously agreed to IEP plan, which would allow him to attend a special day class at a particular elementary school. Student’s complaint identifies the issues and adequate related facts about the problem to permit Districts to respond to the complaint and participate in a resolution session and mediation.
Therefore, Student’s complaint is sufficient.
ORDER
1. The complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
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).
2. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
Dated: January 15, 2014 /s/
REBECCA FREIE
Administrative Law Judge Office of Administrative Hearings