California OAH special education order · November 16, 2017
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2017110158 · ALJ Linda Johnson
OAH found Student's complaint sufficient because its three FAPE claims about placement and supports, goals, and reading, writing, and math interventions gave District enough notice, and its private school remedy was well-defined.
Summary
District filed a notice of insufficiency challenging Student's due process complaint, and Student filed a response. OAH found the complaint sufficient. It alleged that District denied Student a FAPE from October 2015 through the 2017-2018 school year by failing to offer an appropriate placement and supports, failing to write measurable goals in all areas of need (including executive functioning), and failing to provide effective reading, writing, and math interventions. The requested remedy of reimbursement and ongoing funding for a private school was well-defined, and Student's response corrected a mistaken reference to an independent educational evaluation.
Why it matters
OAH reads complaints liberally. A complaint that ties specific FAPE claims to facts and asks for a clear remedy will usually survive a sufficiency challenge. A drafting error can also be cleared up in the response to a notice of insufficiency.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Sen. Rep. No. 108-185
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed.Reg. 46540-46541, 46699 (Aug. 14, 2006)
- Ed. Code § 56502
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. 2017110158 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
LONG BEACH UNIFIED SCHOOL COMPLAINT
DISTRICT.
On October 31, 2017, Student filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming Long Beach Unified School District. On November 13, 2017, District filed a Notice of Insufficiency as to Student’s complaint. On November 14, 2017, Student filed a response.
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, 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).
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. Student’s complaint identifies the issues and adequate related facts about the problem to permit District to respond to the complaint and participate in a resolution session and mediation. Student’s complaint lists three sub issues under an allegation that District denied Student FAPE from October 2015 through the 2017- 2018 school year. Student more specifically alleges District denied him FAPE by failing to offer an appropriate placement and supports. Student’s statement of facts includes information regarding counseling and educationally related mental health services as well as an allegation that Student did not receive the supports and accommodations listed in his individualized education program. Student also alleges a denial of FAPE because District failed to devise appropriate, measurable, and meaningful goals in all areas of suspected need.
Student argues he required more social/emotional and academic goals, and more specifically that the IEP lacked goals in executive functioning. Student’s last claim alleges District failed to provide appropriate reading, writing, and math interventions. Student argues he was behind in reading, writing, and math therefore District should have offered a different program rather than continue what it previously offered but was ineffective. Student’s statement of the three claims is sufficient.
Student’s proposed resolution requests reimbursement and ongoing funding for the private school placement.2 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.
2 Student’s response to District’s notice of insufficiency corrects an error in his complaint that references a request for an independent educational evaluation. Student is not requesting an independent educational evaluation as a remedy.
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: November 16, 2017
LINDA JOHNSON
Administrative Law Judge Office of Administrative Hearings