California OAH special education order · November 13, 2017
Order Determining Sufficiency of Due Process Complaint
OAH Case No. 2017101143 · ALJ Tara Doss
OAH found Student's 28-issue complaint sufficient because it gave IEP dates, disabilities, disputed services, placement, and proposed resolutions, enough for District to prepare for hearing.
Summary
District filed a Notice of Insufficiency challenging Student's due process complaint against Newport-Mesa Unified School District. The ALJ found the complaint sufficient. It raised 28 issues about Student's IEPs over several school years and included IEP and addendum dates, Student's disabilities and behaviors, the related services in dispute, and placement. Although the facts were limited, they were enough for District to prepare for hearing and take part in resolution and mediation, and the complaint proposed adequate resolutions such as NPA funding, compensatory education, services, and assistive technology.
Why it matters
OAH reads complaints liberally, so a complaint with limited facts can still be sufficient if it ties each issue to specific IEP dates, services, and placement and includes concrete proposed remedies.
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)
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- Sen. Rep. No. 108-185
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. 2017101143 v. ORDER DETERMINING
SUFFICIENCY OF DUE PROCESS
NEWPORT-MESA UNIFIED SCHOOL COMPLAINT
DISTRICT.
On October 26, 2017, Student filed a Due Process Hearing Request with the Office of Administrative Hearings, naming Newport-Mesa Unified School District. On November 9, 2017, District timely 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 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 complaint identifies 28 issues pertaining to Student’s individualized education program over several school years. The allegations include the dates of IEP’s and addendums, the nature of Student’s disabilities and behaviors, the frequency and type of related services in dispute, and Student’s placement. While the facts are limited, the complaint contains sufficient related facts about the stated issues to allow District to prepare for a due process hearing and participate in a resolution session and mediation. The complaint also contains adequate proposed resolutions, including funding of a non-public agency for specific services, compensatory education, services, and assistive technology.
Therefore, Student’s complaint is sufficient.
ORDER
1. The complaint is deemed sufficient under title 20 United States Code section
1415(c)(2)(C) and Education Code section 56502, subdivision (d)(1).
2. All mediation, prehearing conference, and hearing dates in this matter remain
as scheduled.
DATE: November 13, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings