California OAH special education order · January 23, 2018
Order Determining of Sufficiency of Due Process Complaint
OAH Case No. 2018010246 · ALJ Marian H. Tully
OAH found Student's complaint sufficient because it gave District enough facts about the alleged failure to provide an individual aide and a safety accommodation to respond and prepare for hearing.
Summary
District filed a notice of insufficiency challenging Student's due process complaint. The complaint alleged District failed to provide an individual aide and denied an accommodation needed for Student's safe access to his educational program. It asked for funding of a nonpublic school placement and compensatory specialized counseling. OAH held that the two claims and their supporting facts put District on notice of the issues, found the complaint sufficient, and confirmed all scheduled dates.
Why it matters
OAH reads complaints liberally. A short complaint can survive a sufficiency challenge if it clearly names the problem, such as a missing aide or a denied safety accommodation, gives supporting facts, and proposes a resolution.
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
- 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. 2018010246 v. ORDER DETERMINING OF
SUFFICIENCY OF DUE PROCESS
MONROVIA UNIFIED SCHOOL COMPLAINT
DISTRICT .
On January 09, 2018 Student filed a Due Process Hearing Request 1 (complaint) with the Office of Administrative Hearings naming Monrovia Unified School District (District).
On January 23, 2018, 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 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).
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 the District on notice of the issues forming the basis of the complaint. Student is eleven years old. Student resides with his parents within District and attends sixth grade at a District school. In sum, the complaint alleges District failed to provide an individual aide for Student and denied a requested accommodation that was necessary to ensure safe access to his educational program.
Student’s proposed resolution requests arefunding for placement at an appropriate non-public school and compensatory services in the form ofspecialized counseling.
Student’s complaint identifies the issues and adequate related facts about the problem to permit District to respond to the complaint, participate in a resolution session and mediation and prepare for hearing. Therefore, Student’ statement of the two claims is sufficient.
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: January 23, 2018
MARIAN H. TULLY
Presiding Administrative Law Judge Office of Administrative Hearings