California OAH special education order · January 31, 2014
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2014010581 · ALJ Joy Redmon
OAH found Student's complaint sufficient because it described three FAPE problems with supporting facts and proposed a resolution for each, so all hearing dates stayed in place.
Summary
Torrance Unified School District filed a Notice of Insufficiency challenging Student's due process complaint. The complaint alleged a denial of FAPE over two school years, including extended school years: missing academic goals, too little specialized academic instruction, too little speech and language therapy, and failure to assess in all areas of suspected disability. It proposed remedies for each issue, including drafting academic goals, continuing specialized academic instruction, speech therapy from a nonpublic agency, and an independent educational evaluation. Reading the pleading rules liberally, the ALJ found the complaint described the problems, the related facts, and proposed resolutions, so it was sufficient and all dates were confirmed.
Why it matters
A complaint that clearly names each FAPE issue, gives the relevant school years and facts, and lists a remedy for each issue will usually survive a district's insufficiency challenge. OAH reads these pleadings liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(C)
- Ed. Code § 56502, subd. (d)(1)
- Alexandra R. v. Brookline School Dist. (D.N.H. 2009) 2009 WL 2957991
- 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)
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. 2014010581
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
TORRANCE UNIFIED SCHOOL COMPLAINT
DISTRICT.
On January 15, 2014, Student filed a due process hearing request 1 (complaint) naming the Torrance Unified School District (District).
On January 30, 2014, 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 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 asserts three issues with a proposed resolution for each issue.
Specifically, Student asserts a denial of a FAPE for two school years (including extended school years) for allegedly failing to include academic goals and to provide an appropriate amount of specialized academic instruction in Student’s individualized education programs (IEP’s) covering the identified school years; failing to offer appropriate amounts of speech and language therapy; and failing to assess in all areas of suspected disability. The law requires that Student assert the nature of the problem and the facts relating to the problem.
Student has done so here.
In Student’s complaint, proposed resolutions sought include drafting academic goals, continuing with specialized academic instruction, speech and language therapy to be provided by a nonpublic agency, and an independent education evaluation. The law requires a party to assert proposed resolutions to the extent known and available to the party at the time they file a complaint. 8 The complaint is deemed sufficient regarding the proposed remedy.
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 20 U.S.C. § 1415(b)(7)(A)(ii)(IV).
In light of the forgoing, Student’s complaint is deemed sufficient.
ORDER
The complaint is deemed sufficient under title 20 United States Code section 1415(c)(2)(C) and Education Code section 56502, subdivision (d)(1). All dates are confirmed.
Dated: January 31, 2014 /s/
JOY REDMON
Administrative Law Judge Office of Administrative Hearings