California OAH special education order · January 13, 2015
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2015010326 · ALJ Clifford H. Woosley
OAH found Student's complaint sufficient because its claim that District refused to negotiate bus pick-up and drop-off times gave District enough notice, even though the requested remedy was loosely worded.
Summary
District filed a notice of insufficiency against Student's complaint. District argued it was already providing transportation under Student's IEP and that the complaint gave no facts supporting the request for a bus aide. OAH found the complaint sufficient: it explained that District would not adjust transportation times that forced Student to wake very early and to wait hours after school twice a week. Read in context, the proposed resolution sought safe transportation at appropriate times, which met the requirement to state a remedy as far as known at the time.
Why it matters
A complaint about how a service is delivered, such as unreasonable bus schedules, can state a FAPE claim even when the district says it is already providing the service. A loosely worded remedy can still pass if it makes sense when read alongside the stated problem.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 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. 2015010326 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
HEMET UNIFIED SCHOOL DISTRICT. COMPLAINT
On January 7, 2015, Parent on behalf of Student (Student) filed a Due Process Hearing Request 1 (complaint) naming Hemet Unified School District.
On January 12, 2015, District filed a Notice of Insufficiency 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 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 presents one issue in his complaint. Student asserts that the District has refused to negotiate different pick-up and drop-off times for his transportation to and from Teri Academy. In its notice of insufficiency, District claims that it is unaware how these allegations suffice, since it is presently providing transportation for Student pursuant to his individualized education program.
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 states that he is denied a FAPE because the District has been unwilling to negotiate different transportation schedules that do not require Student to rise at an unacceptably early time and that do not result in Student twice weekly waiting hours after school before being transported home. Student’s complaint identifies the issues with adequate related facts about the problem to permit District to respond to the complaint, participate in a resolution session and mediation, and prepare for hearing.
Therefore, Student’s statement of his claim is sufficient.
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).
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, Student asks for bus transportation each day, with an aide on the bus. District claims to be confused by this request since it is providing daily transportation and there are no factual assertions regarding the need for an aide. The proposed resolution stated in Student’s complaint is not well-defined. However, when read in the context of the Student’s alleged problem, the resolution seeks safe transportation that addresses the times of transport. The 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: January 13, 2015
/S/
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings