California OAH special education order · April 22, 2014
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2014040519 · ALJ Paul H. Kamoroff
OAH found Student's complaint sufficient, ruling that its two claims (predetermination of a March 2014 IEP and failure to offer home hospital instruction) and its proposed resolutions gave District adequate notice.
This case went to decision
Student v. Panama-Buena Vista Union School District: Panama-Buena Vista Union prevails; ALJ denies home hospital instruction claim because required medical report was never provided. (2014)
Summary
District filed a Notice of Insufficiency challenging Student's due process complaint. OAH found the complaint sufficient. It said the complaint clearly alleged two FAPE denials: District predetermined the March 14, 2014 IEP, and starting March 5, 2014, District failed to offer an appropriate placement, namely home hospital instruction. The proposed resolutions, home hospital instruction and compensatory education, were well-defined, so all scheduled mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A short complaint that names each issue, gives the key dates and facts, and states a clear remedy can survive a district's insufficiency challenge, because OAH reads pleading requirements liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- 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)
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. 2014040519
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
PANAMA-BUENA VISTA UNION COMPLAINT
SCHOOL DISTRICT.
On April 08, 2014, Parent on behalf of Student (Student) filed a Due Process Hearing Request 1 (complaint) naming Panama-Buena Vista Union School District (District).
On April 10, 2014, District timely 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 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 District on notice of the issues forming the basis of the complaint. Student’s complaint identifies two issues and adequate related facts about the problem to permit District to respond to the complaint and participate in a resolution session and mediation. Student’s first issue sufficiently alleged that he was denied a FAPE due to District’s predetermination of a March 14, 2014 Individualized Education Program. Student’s second issue sufficiently alleged that he was denied a FAPE, beginning on March 5, 2014, by District’s failure to offer him an appropriate placement; specifically, home hospital instruction.
Therefore, Student’s statement of the two claims is sufficient.
Student’s proposed resolutions request home hospital instruction and compensatory education. 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).)
Here, the proposed resolutions stated in Student’s complaint are well-defined. Therefore, 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).
Student has met the statutorily required standard of stating a resolution to the extent known and available to him 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.
DATE: April 22, 2014 /s/
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings