California OAH special education order · April 24, 2014
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2014040660 · ALJ Stella Owens-Murrell
OAH found Student's complaint sufficient because it clearly alleged that District's offer of a nonpublic school after a residential placement denied a FAPE in the least restrictive environment and proposed a defined remedy.
Summary
District filed a Notice of Insufficiency challenging Student's complaint. The complaint alleged that at a January 22, 2014 IEP meeting, held to address Student's readiness to leave a residential treatment center, District offered a nonpublic school instead of a general education classroom at Student's home school, denying a FAPE in the least restrictive environment. OAH found the complaint sufficient because the facts put District on notice of the issue, and the proposed resolution (general education placement at the home school) was well-defined. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A short, single-issue complaint that names the IEP meeting, the disputed offer, the legal theory (FAPE in the least restrictive environment), and a specific remedy is enough to survive a district's insufficiency challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(b)(7)(A)(ii)(IV)
- 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)
- Sen. Rep. No. 108-185
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. 2014040660
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
TORRANCE UNIFIED SCHOOL COMPLAINT
DISTRICT.
On April 11, 2014 Student filed a Due Process Hearing Request 1 (complaint) naming Torrance Unified School District (District).
On April 22, 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 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
Student’s complaint contains one issue. Student alleges that District held an IEP for Student on January 22, 2014 to address her readiness to leave the residential treatment center (RTC) placement where Student was placed from June 11, 2013 to January 22, 2014.
Student further alleges that District offered enrollment in a non public school (NPS) rather than placement in her home school in a general education classroom. Student alleges that the offer of a NPS denied Student a free appropriate public education (FAPE) in the least restrictive environment (LRE). The facts alleged in Student’s complaint are sufficient to put the District on notice of the issues forming the basis of the complaint. Student’s complaint identifies the issues and adequate related facts about the problem to permit District to respond to the complaint and participate in a resolution session and mediation and is sufficient A complaint is also 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, Student proposes placement in a general education classroom setting at Student’s home school. The proposed resolution stated in the complaint is well-defined. Accordingly, 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 her 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 24, 2014 /s/
STELLA OWENS-MURRELL
Administrative Law Judge Office of Administrative Hearings