California OAH special education order · August 29, 2017
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2017080446 · ALJ Bob N. Varma
OAH found Student's complaint sufficient because its three issues, each tied to a specific IEP, gave Huntington enough facts to respond and stated proposed resolutions.
Summary
Huntington filed a Notice of Insufficiency challenging Student's due process complaint. OAH found the complaint sufficient. Its three issues were each tied to a particular IEP offer, and the facts were enough to put Huntington on notice and let it take part in a resolution session and mediation. Student also proposed resolutions to the extent known and available to her at the time, and all scheduled dates were confirmed.
Why it matters
Organizing a complaint so that each issue targets a specific IEP offer, with supporting facts and a proposed resolution, helps it survive a district's insufficiency challenge. OAH reads pleading requirements liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(b)(7)(A)(ii)(III) & (IV)
- Ed. Code § 56502
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed. Reg. 46,540-46541, 46699 (Aug. 14, 2006)
- Sen. Rep. No. 108-185 (2003)
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, Case No. 2017080446 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
HUNTINGTON BEACH CITY SCHOOL COMPLAINT
DISTRICT.
On August 10, 2017, Student filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming the Huntington Beach City School District.
On August 24, 2017, Huntington 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 Individuals with Disabilities Education Act 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 raises three issues for resolution, each specific to a particular individualized education program. The complaint provides sufficient facts to identify Student’s dispute with each IEP offer. The facts alleged in Student’s complaint are sufficient to put Huntington 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 Huntington to respond to the complaint and participate in a resolution session and mediation.
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).) Student has met the statutorily required standard of stating a resolution to the extent known and available to her 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: August 29, 2017
BOB N. VARMA
Division Presiding Administrative Law Judge Office of Administrative Hearings