California OAH special education order · June 25, 2015
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2015060687 · ALJ Marian H. Tully
OAH found Student's complaint sufficient, rejecting District's notice of insufficiency, because it identified the issues and gave enough facts and proposed resolutions for District to prepare and respond.
Summary
District filed a notice of insufficiency challenging Student's due process complaint. The complaint alleged District denied a FAPE by failing to provide appropriate placement, goals, services, and supports for behavior, speech, and social skills, failing to provide services during a diagnostic behavioral placement, failing to implement the IEP, and failing to evaluate for and provide in-home behavior services. OAH found the complaint sufficient because it gave detailed facts, including IEP meeting dates, assessments, correspondence, and the placement that resulted from an earlier settlement, along with proposed resolutions. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A complaint that lists specific issues backed by concrete facts, such as dates, meetings, assessments, and correspondence, plus a proposed remedy, will survive a district's sufficiency challenge under OAH's liberal pleading standard.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Ed. Code § 56502
- Sen. Rep. No. 108-185
- 71 Fed.Reg. 46540-46541, 46699 (Aug. 14, 2006)
- 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. 2015060687 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
TORRANCE UNIFIED SCHOOL COMPLAINT
DISTRICT.
On June 10, 2015, Parent on behalf of Student (Student) filed a Due Process Hearing Request 1 (complaint) naming Torrance Unified School District (District). On June 22, 2015, District timely filed a Notice of Insufficiency (NOI) as to Student’s complaint. For the reasons discussed below, Student’s complaint is sufficient.
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 identifies Student as a nine year old second grade boy residing with his parents within District. The complaint alleges District denied Student a free appropriate public education by failing to: provide appropriate placement, goals, services and supports to meet Student’s needs in the areas of behavior, speech and social skills; provide educational and related services during Student’s diagnostic behavioral placement;
implement his individualized education program; and evaluate Student, and provide for, ongoing in-home behavior services. The complaint alleges a factual basis for these issues including: Student’s eligibility categories; school and classrooms attended; dates of, and participants in, IEP meetings; dates and contents of correspondence about the events at issue;
dates and details about assessments and assessors; the results of the assessments; and particulars about Student’s non-educational diagnostic placement resulting from the settlement of a case filed by District on January 31, 2014. Student’s proposed resolutions include direct and supervisory behavior services to be provided in the home; and compensatory services for behavior, speech and language, social skills training, and education.
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 complaint identifies the issues and adequate related facts about the problem to permit District to respond to the complaint, participate in a resolution session and mediation, and to prepare for a due process hearing. Therefore, Student’s complaint is sufficient.
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 25, 2015
/S/
MARIAN H. TULLY
Administrative Law Judge Office of Administrative Hearings