California OAH special education order · May 18, 2016
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2016050660 · ALJ Clifford H. Woosley
OAH found Student's two-page complaint sufficient because it clearly identified eight ongoing issues and gave District enough facts to respond and take part in resolution and mediation.
Summary
District filed a Notice of Insufficiency, arguing that Student's complaint gave no background facts and did not say at which IEP meeting each issue was raised. The complaint listed eight issues, including lack of progress, speech and language services, the transition plan, post-secondary goals, and access to vocational music programs. It also said District denied Parents' request for placement at Sierra Academy Adult Transition Program. Reading the pleading rules liberally, OAH found the complaint sufficient because it put District on notice of the issues and the related facts, and it confirmed all scheduled dates.
Why it matters
A short complaint can be sufficient if it clearly lists the problems, gives basic facts, and proposes a remedy. Parents do not have to tie each issue to a specific IEP meeting to survive a district's insufficiency challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Sen. Rep. No. 108-185
- 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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2016050660 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
SAN DIEGUITO UNION HIGH SCHOOL COMPLAINT
DISTRICT.
On May 13, 2016, Parents on behalf of Student filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming San Dieguito Union High School. District timely filed a Notice of Insufficiency as to Student’s complaint.2 For the reasons discussed below, the complaint is sufficient.
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.)
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).
2 OAH received District’s Notice of Insufficiency on May 12, 2016, the day before the filing of Student’s complaint.
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 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
The complaint lists eight concerns or issues with specificity: (1) lack of progress and regression; (2) the lack of program standards and functional curriculum; (3) lack of direct teaching; (4) speech and language services are not in compliance, using methodologies that are not effective; (5) inappropriate Individualized Transition Plan; (6) inappropriate and nonaligned post-secondary goals; (7) no multi-year description of Student’s coursework through anticipated exit year; and (8) lack of access to vocational music-related programs.
The complaint states that there had been six individualized education program meetings this, the 2015-2016 school year, at which Parents brought up the listed eight issues; the issues remain unresolved.
The complaint asserts that the Parents requested other adult transition program options and District provided a list of options for Parents to contact and observe. Parents did so and determined that Sierra Academy Adult Transition Program was appropriate for Student’ learning needs. However, when Parents requested that District place Student at Sierra Academy, the request was denied; District did not propose any alternatives. The complaint’s proposed resolution is that Student be placed at Sierra Academy or another program that would meet Student’s learning needs.
District states that the complaint does not provide background facts or specify at which IEP a particular issue was raised. Further, District asserts that the complaint does not give sufficient notice to District of the nature of the complaints and scope of the disagreement. However, the facts alleged in Student’s complaint are sufficient to put the District on notice of the issues forming the basis of the complaint. Though only two pages in length, Student’s complaint clearly identifies the ongoing issues and provides adequate related facts about the problems to permit District to respond to the complaint and participate in a resolution session and mediation.
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: May 18, 2016
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings