California OAH special education order · June 28, 2017
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2017060779 · ALJ Rita Defilippis
OAH found Student's child find complaint sufficient, rejecting Orange's challenge because the complaint gave enough facts to respond and well-defined proposed resolutions.
Summary
Orange Unified School District filed a notice of insufficiency challenging Student's due process complaint. The complaint raised one issue: whether Orange denied Student a free appropriate public education by failing to meet its child find obligation. The ALJ found the complaint gave Orange enough related facts to respond and to take part in a resolution session and mediation. The ALJ also found the proposed resolutions well-defined: several assessments, reimbursement for tutoring and counseling, and compensatory services. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A single, clearly stated child find claim with supporting facts and specific requested remedies is enough to survive a district's sufficiency challenge. OAH reads complaints liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(b)(7)(A)(ii)(IV)
- Ed. Code § 56502
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed. Reg. 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. 2017060779 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
ORANGE UNIFIED SCHOOL DISTRICT. COMPLAINT
On June 16, 2017, Student filed a due process hearing request1 (complaint) with the Office of Administrative Hearings naming Orange Unified School District. On June 26, 2017, Orange 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 the Orange on notice of the issue forming the basis of the complaint. Student’s complaint identifies one issue;
whether Student was denied a free appropriate public education because Orange failed comply with its child find obligation. The complaint contains adequate related facts about the problem to permit Orange to respond to the complaint and participate in a resolution session and mediation.
Therefore, Student’s statement of his claim is sufficient.
Student’s proposed resolutions request a psychoeducational evaluation; a functional behavior assessment; an educationally related mental health services evaluation; a speech and language assessment with special attention to pragmatic language; Parent reimbursement for tutoring and counseling services; and compensatory education services by a nonpublic agency in the form of one to one academic tutoring, behavioral services, and educationally related mental health therapy. A complaint is required to include proposed resolutions to the problem, to the extent known and available to the party at the time. (20 U.S.C.
§1415(b)(7)(A)(ii)(IV).) The proposed resolution stated in Student’s complaint is well- defined. Student has met the statutorily required standard of stating a resolution to the extent known and available to him at the time.
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: June 28, 2017
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings