California OAH special education order · October 19, 2015
Order Denying Notice of Insufficiency of Complaint
OAH Case No. 2015100280 · ALJ Adrienne L. Krikorian
OAH found Student's 27-page complaint sufficient, rejecting Monrovia's challenge because the complaint gave enough facts to put the District on notice of the issues and allow it to prepare and participate in resolution.
Summary
Monrovia filed a notice of insufficiency challenging a few issues in Student's 27-page complaint. It argued that Student vaguely described the deficient areas of present levels of performance, did not separate the time frames for the occupational therapy and speech therapy offers, and gave too few facts about Parents' request for an IEP meeting. The ALJ applied the liberal pleading standard under the IDEA and found the complaint identified the issues with enough related facts for Monrovia to respond and take part in a resolution session and mediation. All scheduled dates were confirmed.
Why it matters
OAH reads due process complaints liberally, so a complaint that clearly identifies issues and supporting facts will usually survive a district's sufficiency challenge even if some details, like exact time frames, are not perfectly broken out.
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. 2015100280 v. ORDER DENYING NOTICE OF
INSUFFICIENCY OF COMPLAINT
MONROVIA UNIFIED SCHOOL
DISTRICT.
On October 02, 2015 Student filed a 27-page Due Process Hearing Request 1 (complaint) naming Monrovia Unified School District. On October 16, 2015, Monrovia 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 27-page complaint lists numerous facts and sets forth a number of issues.
Monrovia challenges only a few of those issues. Specifically, Monrovia contends that Student vaguely defined the areas of present levels of performance that were deficient;
Student failed to distinguish the time frames at issue regarding occupational therapy and speech therapy offers; and Student did not provide sufficient facts regarding Parents’ request for an IEP meeting.
The facts alleged in Student complaint are sufficient to put Monrovia 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: October 19, 2015
/ S/
ADRIENNE L. KRIKORIAN
Administrative Law Judge Office of Administrative Hearings