California OAH special education order · May 21, 2018
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2018040837 · ALJ Theresa Ravandi
OAH found Student's complaint sufficient. Its two issues challenging Julian Union's assessments and its denial of a FAPE over two school years gave the district enough notice to respond and prepare for hearing.
Summary
Julian Union filed a Notice of Insufficiency against Student's complaint. OAH found the notice timely because Student had faxed the complaint to a number not associated with the district, so the district did not receive it until May 4, 2018. On the merits, OAH ruled that Student's issues about failure to identify suspected disabilities, failure to assess, and inadequate goals, services, accommodations, and modifications for 2016-2017 and 2017-2018 were pleaded with enough facts. Student's proposed resolutions also met the statutory standard.
Why it matters
The 15-day deadline to challenge a complaint as insufficient runs from when the district actually receives it, so parents should serve the district at its correct fax number or address. Complaints are read liberally, and a clear statement of issues and remedies will survive a sufficiency challenge.
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
- 71 Fed.Reg. 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. 2018040837 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
JULIAN UNION SCHOOL DISTRICT. COMPLAINT
On April 18, 2018, Student filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming Julian Union School District. On May 18, 2018, Julian Union filed a Notice of Insufficiency as to Student’s complaint supported by a sworn declaration of its counsel.
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).
The complaint is deemed sufficient unless a party notifies the Office of Administrative Hearings and the other party in writing within 15 days of receiving the complaint that the party believes the complaint has not met the notice requirements.
(20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).)
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).
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 was filed on April 18, 2018. Julian Union’s NOI establishes that the facsimile number noted on Student’s proof of service is a land line and is not associated with Julian Union, the local educational agency. Julian Union did not receive Student’s complaint until May 4, 2018, after several emails were exchanged between Student’s counsel and counsel for Julian Union. As such, the NOI is timely filed within 15 days of Julian Union’s receipt of Student’s complaint.
Student challenges the assessments conducted by Julian Union and alleges that it denied him a free appropriate public education for the 2016-2017 and 2017-2018 school years by failing to identify all areas of suspected disability; appropriately assess in these areas; and provide appropriate goals, services, accommodations, and modifications.
The facts alleged in Student’s complaint are sufficient to put Julian Union 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 Julian Union to respond to the complaint and participate in a resolution session and mediation if requested, and to prepare for hearing. Therefore, Student’s statement of his two issues is sufficient.
Student’s proposed resolutions request that Julian Union convene an IEP team meeting; develop additional goals; provide additional related services including speech and language services, behavior services, and occupational therapy; fund compensatory education; and reimburse Student for attorney’s fees. 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).) Student has met the statutorily required standard of stating a resolution to the extent known and available to him at the time.
ORDER
1. The complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
2. The prehearing conference and hearing dates in this matter are confirmed.
DATE: May 21, 2018
THERESA RAVANDI
Administrative Law Judge Office of Administrative Hearings