California OAH special education order · May 2, 2018
Order Determining Due Process Complaint to Be Sufficient
OAH Case No. 2018040634 · ALJ Alexa Hohensee
OAH found a self-represented Parent's complaint sufficient. It alleged District failed to identify a student with brain injuries and depression for special education, and District's jurisdiction arguments belonged in a motion to dismiss.
Summary
District filed a notice of insufficiency against a complaint filed by an unrepresented Parent. The complaint used a letter attached to OAH's form to allege that District never identified Student as eligible for special education, despite traumatic brain injuries from sports, depression, declining grades, and missed school through early 2017. ALJ Alexa Hohensee found the complaint gave District enough notice of the issues and facts to respond and take part in resolution and mediation. She noted that District's arguments about OAH's jurisdiction might support a motion to dismiss but do not challenge sufficiency. The order also told Parent to file assignment-of-rights documents signed by Student, who is an adult, before she can represent him.
Why it matters
A plain-language letter attached to OAH's complaint form can be enough to state a child find claim, and districts cannot use a sufficiency challenge to argue jurisdiction. Parents of adult students must file a signed assignment of educational rights to represent them.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(b) & (c)
- Ed. Code § 56502
- Sen. Rep. No. 108-185
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed. Reg. 46,540-46541, 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. 2018040634 v. ORDER DETERMINING DUE
PROCESS COMPLAINT TO BE
WILLIAM S. HART UNION HIGH SUFFICIENT
SCHOOL DISTRICT.
On April 13, 2018, unrepresented Parent on behalf of Student filed a due process hearing request1 (complaint) with the Office of Administrative Hearings naming William S.
Hart Union High School District.2 On May 1, 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 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).
2 Documents attached to the due process complaint show an assignment of educational rights from Student to Parent, but those documents are not executed. Parent must file assignment documents signed by Student with OAH in order to represent her adult son.
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 alleges through a letter attached to OAH’s due process complaint form, that he attended District through early 2017, during which time he suffered traumatic brain injuries during sport activities and depression. The letter recites facts demonstrating that despite declining grades and missed school as a result of Student’s injuries and condition, District did not identify him as eligible for special education or offer him special education and related services. Student seeks compensatory education in the form of assistance to earn his high school diploma and become and independent adult.
In its notice of insufficiency, District makes a number of arguments regarding the extent of OAH jurisdiction over the alleged disputes. These arguments may support a motion to dismiss, but do not constitute a challenge to the sufficiency of notice given by the complaint.
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’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.
Therefore, Student’s statement of the 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: May 2, 2018
ALEXA HOHENSEE
Administrative Law Judge Office of Administrative Hearings