California OAH special education order · October 13, 2017
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2017091101 · ALJ Tara Doss
OAH found Student's complaint sufficient because it clearly alleged District denied a FAPE by failing to produce education records requested by Student's attorney, leaving Parent unprepared for the IEP meeting.
Summary
District filed a Notice of Insufficiency challenging Student's due process complaint. Student alleged District denied her a FAPE by failing to produce her education records after her attorney requested them, which left Parent unprepared to take part in Student's IEP meeting. Student asked for a complete and accurate copy of the records, among other remedies. OAH found the complaint identified the problem, the related facts, and proposed resolutions, so District had enough notice to prepare for resolution, mediation, and hearing, and the case proceeds as scheduled.
Why it matters
A complaint about a district's failure to produce education records, tied to the parent's ability to take part in the IEP, can be pleaded clearly enough to survive a sufficiency challenge. Parents should state the records request, the district's failure to respond, how that hurt their IEP participation, and the remedy they want.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(C)
- Ed. Code § 56502, subd. (d)(1)
- Sen. Rep. No. 108-185
- 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. 2017091101 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
SAN DIEGO UNIFIED SCHOOL COMPLAINT
DISTRICT.
On September 29, 2017, Student filed a due process hearing request with the Office of Administrative Hearings naming San Diego Unified School District. On October 11, 2017, District timely filed a Notice of Insufficiency as to Student’s complaint.1
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 District filed a Motion to Dismiss on October 11, 2017. That motion is addressed in a separate Order.
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 issue forming the basis of the complaint. The complaint identifies the nature of the problem, the facts related to the problem, and proposed resolutions of the problem. Specifically, Student alleges District denied her a FAPE when it failed to produce Student’s education records, in response to a request from Student’s attorney. Student alleges District’s failure to produce the records led to Parent not being prepared to participate in Student’s individualized education program. To resolve the issue, Student requests a complete and accurate copy of Student’s education records, among other things. Thus, the complaint contains sufficient information to allow District to prepare for, and participate in a resolution session, mediation, and due process hearing.
ORDER
1. The complaint is sufficient under title 20 United States Code section
1415(c)(2)(C) and Education Code section 56502, subdivision (d)(1).
2. The matter shall proceed as scheduled.
DATE: October 13, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings