California OAH special education order · October 8, 2015
Determination of Sufficiency of Due Process Complaint
OAH Case No. 2015091069 · ALJ Alexa J. Hohensee
OAH found Student's complaint sufficient because an IEP amendment attached to it showed District dropped Student off at the wrong location, leaving him unsupervised near a gas station on August 6, 2015.
Summary
District filed a notice of insufficiency challenging Student's due process complaint, which alleged Student was left unsupervised at or near a gas station. The complaint itself did not say who left Student alone or when. However, an IEP amendment attached to the complaint made clear the incident happened on August 6, 2015, when District dropped Student off at the wrong location after school with nobody there to pick him up. Reading the complaint liberally, OAH found it gave District enough notice to respond and take part in a resolution session and mediation, and it confirmed all scheduled dates.
Why it matters
OAH will read documents attached to a complaint, such as an IEP amendment, to fill in missing facts like who acted and when. Parents can strengthen a complaint by attaching records that explain the incident.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Sen. Rep. No. 108-185 (2003)
- 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)
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(S) ON BEHALF OF STUDENT, OAH Case No. 2015091069 v. DETERMINATION OF SUFFICIENCY
OF DUE PROCESS COMPLAINT
FONTANA UNIFIED SCHOOL
DISTRICT.
On September 21, 2015, Parent on behalf of Student filed a due process hearing request 1 naming Fontana Unified School District.
On October 5, 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 (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 alleges that Student was left unsupervised at or near a gas station.
Although the complaint does not specify who left Student unsupervised, or when this happened, the individualized education amendment attached to the complaint makes clear that this incident occurred on August 6, 2015, and was the result of District having dropped Student off at an incorrect location after school despite nobody being there to pick him up.
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 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 claims 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).
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: October8, 2015
/S /
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings