California OAH special education order · February 5, 2016
Order Denying Notice of Insufficiency
OAH Case No. 2016010661 · ALJ Adrienne L. Krikorian
OAH found Student's 29-page complaint sufficient, rejecting Monrovia's challenge because the complaint tied enough facts to specific issues to put the District on notice, and the proposed resolutions were adequate.
Summary
Monrovia filed a Notice of Insufficiency challenging Student's 29-page due process complaint. The ALJ ruled the complaint sufficient. It alleged enough facts tied to specific issues for the District to prepare for a resolution session, mediation, and hearing, and its proposed resolutions were adequate. The IDEA does not require the level of factual detail the District demanded, and it does not penalize a complaint for citing legal authority, though such citations are not required. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
OAH reads complaints generously and will not require the detailed factual pleading districts sometimes demand. Including legal citations will not count against a family, though they are not needed.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Ed. Code § 56502
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 FR 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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016010661 v. ORDER DENYING NOTICE OF
INSUFFICIENCY
MONROVIA UNIFIED SCHOOL
DISTRICT.
On January 19, 2016, Student filed a 29-page Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming Monrovia Unified School District. On February 3, 2016, Monrovia Unified School District (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. (20 U.S.C. § 1415(b) & (c).) 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. (20 U.S.C.
§ 1415(b)(7)(A)(ii)(III) & (IV).) These requirements prevent vague and confusing complaints, and promote fairness by providing the named parties with sufficient information to know how to prepare for the hearing and how to participate in resolution sessions and mediation. (See H.R.Rep. No. 108-77, 1st Sess. (2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.)
The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” (Sen. Rep. No. 108-185, supra, at p. 34.) The pleading requirements should be liberally construed in light of the 1 A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under title 20 U.S.C. section 1415(b)(7)(A).
broad remedial purposes of the IDEA and the relative informality of the due process hearings it authorizes. (Alexandra R. ex rel. Burke v. Brookline School Dist. (D.N.H., Sept. 10, 2009, CIV. 06-CV-0215-JL) 2009 WL 2957991[nonpub. opn.]; Escambia County Bd. 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, 8:04CV2657T24EAJ) 2005 WL 2850076 [nonpub. opn.]; but cf. M.S.-G v. Lenape Regional High School Dist. Bd. of Educ. (3d Cir. 2009) 306 Fed.Appx.
772, 775 [nonpub. opn.].) Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. (Assistance to States for the Educ. of Children with Disabilities & Preschool Grants for Children with Disabilities (Aug. 14, 2006) 71 FR 46,540-46541, 46699.)
DISCUSSION AND ORDER
Student’s 29-page complaint alleges sufficient facts, and ties them to specific issues, sufficient to put District on notice of the claims forming the basis of the complaint, and prepare for and participate in a resolution session, mediation and hearing. The IDEA does not require Student to allege the level of detail of facts argued by District, or penalize a Student for asserting legal authorities in its complaint, although such assertions are not required. The complaint is sufficiently pled to permit District to respond to the complaint and participate in a resolution session, mediation, and prepare for hearing. The proposed resolutions are also sufficient The complaint is sufficient under title 20 United States Code section 1415(b)(7)(A)(ii). All mediation, prehearing conference, and hearing dates in this matter are confirmed.
IT IS SO ORDERED.
DATE: February 5, 2016
ADRIENNE L. KRIKORIAN
Administrative Law Judge Office of Administrative Hearings