California OAH special education order · December 15, 2017
Determination of Sufficiency of Due Process Complaint
OAH Case No. 2017120045 · ALJ Tara Doss
OAH found Student's complaint sufficient because its five issues, supporting facts about assessments, goals, and services, and proposed remedies gave District enough notice to respond and prepare.
Summary
District filed a Notice of Insufficiency challenging Student's due process complaint. The complaint alleged District denied Student a FAPE during the 2015-2016 through 2017-2018 school years, including failures to assess appropriately, implement assessment recommendations, draft appropriate goals, and offer needed related services. OAH found the complaint sufficient because it described the problems, gave supporting facts, and proposed resolutions: compensatory education, an independent educational evaluation, and staff training. All scheduled dates remain in place.
Why it matters
OAH reads complaints liberally. A complaint that lays out the issues, the school years involved, supporting facts, and the remedies sought will usually survive a district's insufficiency challenge.
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 FR 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. 2017120045 v. DETERMINATION OF SUFFICIENCY
OF DUE PROCESS COMPLAINT
CUTLER-OROSI JOINT UNIFIED
SCHOOL DISTRICT.
On November 29, 2017 Student filed a Due Process Hearing Request with the Office of Administrative Hearings, naming Cutler-Orosi Joint Unified School District. On December 14, 2017, District 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
Student’s complaint is sufficient to put District on notice of the issues forming the basis of the complaint. The complaint contains five issues and several sub-issues that allege District denied Student a FAPE during the 2015-2016, 2016-2017, and 2017-2018 school years for various reasons. The issues as stated in the complaint describe the nature of the problems concerning Student. The complaint also contains sufficient facts relating to the problem. Student’s allegations include District’s failure to conduct appropriate assessments, failure to implement assessment recommendations, failure to draft appropriate goals, and failure to offer related services based on Student’s needs. Finally, the complaint contains proposed resolutions of compensatory education, an independent educational evaluation, and training to District’s special education staff. As such, Student’s complaint contains sufficient information to permit District to respond to the complaint and prepare for a resolution session, mediation, and due process hearing.
ORDER
1. Student’s complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
2. All mediation, prehearing conference, and due process hearing dates in this
matter remain as scheduled.
DATE: December 15, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings