California OAH special education order · November 28, 2016
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2016110660 · ALJ Judith Pasewark
OAH found Student's complaint sufficient, rejecting District's insufficiency challenge because the complaint gave enough facts and proposed resolutions to put District on notice of the three claims.
Summary
Torrance Unified School District filed a Notice of Insufficiency challenging Student's due process complaint. The complaint alleged District failed to implement Student's IEP and hold a 30-day IEP team meeting, failed to assess in all areas of suspected need and offer an appropriate IEP, and failed to provide all of Student's records. OAH found the complaint identified the issues, gave adequate related facts, and stated proposed resolutions clearly enough for District to respond and take part in a resolution session and mediation. The complaint was deemed sufficient, and all scheduled dates were confirmed.
Why it matters
Under the IDEA, pleading rules are read liberally. A complaint that names each problem, gives supporting facts, and proposes a fix will usually survive a district's insufficiency challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 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. 2016110660 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
TORRANCE UNIFIED SCHOOL COMPLAINT
DISTRICT.
On November 15, 2016, Student filed a Due Process Hearing Request1 (complaint)
with the Office of Administrative Hearings naming Torrance Unified School District. On November 22, 2016, District 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
The facts alleged in Student’s complaint are sufficient to put District on notice of the issues forming the basis of the complaint. The facts in Student’s complaint allege District (1) failed to implement her individualized education plan and failed to hold a 30-day IEP team meeting; (2) failed to assess in all areas of suspected need and offer an appropriate IEP;
and failed to provide all of Student’s records. Student’s complaint identifies the issues and adequate related facts about the problem, and sufficiently defined proposed resolutions to permit District to respond to the complaint and participate in a resolution session and mediation.
Therefore, Student’s statement of the three claims 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.
Dated: November 28, 2016
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings