California OAH special education order · June 17, 2015
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2015060481 · ALJ Paul H. Kamoroff
OAH found Student's complaint sufficient, ruling that her three FAPE issues and supporting facts gave District enough notice to respond and take part in a resolution session and mediation.
Summary
District filed a Notice of Insufficiency challenging Student's due process complaint. The complaint raised three issues: (1) District's program gave no educational benefit, because Student made inadequate progress in speech, social skills, and academics starting June 1, 2013; (2) District failed to assess her in occupational therapy and physical therapy; and (3) District failed to offer adequate counseling, social skills, speech and language, and assistive technology services. OAH found the issues and facts gave District fair notice and the proposed resolutions were well-defined, so the complaint was sufficient and all dates were confirmed.
Why it matters
Under OAH's liberal pleading standard, a complaint that names specific problem areas, a starting date, and concrete remedies will usually survive a district's insufficiency challenge.
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2015060481 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
CORONA-NORCO UNIFIED SCHOOL COMPLAINT
DISTRICT.
On June 1, 2015, Parents on behalf of Student, through legal counsel, filed a Due Process Hearing Request 1 with the Office of Administrative Hearings, naming the Corona- Norco Unified School District. On June 15, 2015, District timely 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 three issues for hearing which allege that District failed to offer her a free and appropriate public education. In Issue One, Student alleges that District failed to offer a program which conferred an educational benefit. Student alleges that, beginning June 1, 2013, she did not make adequate progress in speech, social skills and academics while in District’s program. Issue Two alleges that District failed to asses her in all areas of suspected disability. Specifically, Student asserts that District failed to assess her in the areas of occupational therapy and physical therapy. In Issue Three, Student asserts that District failed to offer adequate related services in counseling, social skills, speech and language and assistive technology.
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 satisfactorily 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 complaint 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).
Student’s proposed resolutions are that District provide education services through a non-public agency; compensatory education services; assistive technology; and reimbursement for educational costs. 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: June 17, 2015
/S/
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings