California OAH special education order · May 5, 2015
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2015041168 · ALJ Chris Butchko
OAH found Student's complaint sufficient, rejecting District's argument that Student had to specify the behaviors requiring a 1:1 aide; the alleged social, communication, and attention needs gave adequate notice.
This case went to decision
Student v. Garvey School District: Garvey School District prevails on all claims over a one-to-one aide, speech services, and a kindergarten special day class. (2015)
Summary
District filed a notice of insufficiency challenging Student's first issue, which claimed District denied a free appropriate public education since 2013-2014 by not providing a 1:1 aide. District argued Student had not specified the behaviors that created the need for an aide. OAH disagreed. Student alleged he does not know how to socialize appropriately, does not interact with peers, needs help communicating appropriately, and needs redirection to task, and that these behaviors impede his learning. The remaining issues on placement, speech and language services, and an independent educational evaluation were also adequately pled, the proposed resolutions were well defined, and all dates were confirmed.
Why it matters
A parent's complaint does not need detailed behavioral data to request a 1:1 aide. Describing the student's functional needs and how they affect learning is enough to give the district fair notice under the liberal pleading standard.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Ed. Code § 56502
- Sen. Rep. No. 108-185
- Escambia County Board of Educ. v. Benton (S.D.Ala. 2005) 406 F.Supp.2d 1248
- Alexandra R. v. Brookline School Dist. (D.N.H. 2009) 2009 WL 2957991
- 71 Fed.Reg. 46540-46541, 46699
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2015041168 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
GARVEY SCHOOL DISTRICT. COMPLAINT
On April 20, 2015, Parents on behalf of Student filed a Due Process Hearing Request 1 naming Garvey School District.
On April 27, 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’s complaint contains four issues. District’s challenge as to the first of these, which asserts that District denied Student a free and appropriate public education since the 2013-2014 school year by failing to provide him with a 1:1 aide during school. District contends that the matter is insufficiently pled because Student has not specified the behaviors giving rise to the need for an aide. District’s challenge is unavailing.
Student states that he requires a 1:1 aide because he does not know how to socialize appropriately, does not interact with peers, needs assistance in making appropriate communications, and requires redirection to task. Student further alleges that these behaviors impede his ability to learn. Student has described a problem impairing his free and appropriate public education, described the facts relating to the problem, and has proposed the provision of a 1:1 aide as a proposed resolution.
As to three remaining issues, Student alleges sufficient facts as to the requested change of placement to a general education classroom, need for speech and language services and for District to pay for an independent educational evaluation.
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).
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 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.
Therefore, Student’s statement of the challenged claim is sufficient.
Student’s proposed resolutions are that District provide Student with an aide and additional speech and language services, change Student’s placement, and fund an independent evaluation. 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).) The proposed resolutions stated in Student’s complaint are well-defined requests that meet the statutorily required standard of stating a resolution to the extent known and available to Student 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: May 5, 2015
/S/
CHRIS BUTCHKO
Administrative Law Judge Office of Administrative Hearings