California OAH special education order · June 30, 2014
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2014060731 · ALJ Susan Ruff
OAH found Student's complaint sufficient because it clearly alleged that Twin Rivers' reading instruction and services were inadequate and requested a one-to-one aide and tutoring.
This case went to decision
Student v. Twin Rivers Unified School District: Twin Rivers Unified's special day class reading program provided FAPE; father's request for Lindamood-Bell reading instruction denied. (2015)
Summary
Twin Rivers filed a notice of insufficiency challenging Student's due process complaint. OAH found that the complaint clearly alleged that Twin Rivers' reading instruction and services were not adequate. It also proposed a one-to-one aide and tutoring as remedies. That was enough for Twin Rivers to respond and take part in a resolution session and mediation, so OAH found the complaint sufficient, said details could be clarified at the prehearing conference, and confirmed all dates.
Why it matters
A short, plain complaint that names the problem, such as inadequate reading services, and asks for specific remedies can survive a district's insufficiency challenge. OAH reads complaints liberally and leaves the details for the prehearing conference.
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)
- Sen. Rep. No. 108-185 (2003)
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. 2014060731
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
TWIN RIVERS UNIFIED SCHOOL COMPLAINT
DISTRICT.
On June 12, 2014, Student’s parent on behalf of Student filed a due process hearing request 1 (complaint) naming the Twin Rivers Unified School District (Twin Rivers).
On June 27, 2014, Twin Rivers 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
The facts alleged in Student’s complaint are sufficient to put Twin Rivers on notice of the issues forming the basis of the complaint. Student’s complaint is clear – Student alleges that the instruction and services related to reading provided by Twin Rivers are not adequate.
Student seeks a one-to-one aide and tutoring as remedies. Those allegations are sufficient to permit Twin Rivers to respond to the complaint and participate in a resolution session and mediation. Any details regarding the allegation can be clarified during the prehearing conference.
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.
DATE: June 30, 2014
/S/
SUSAN RUFF
Administrative Law Judge Office of Administrative Hearings