California OAH special education order · May 17, 2018
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2018050316 · ALJ Rebecca Freie
OAH found Student's occupational therapy assessment claim insufficiently pled because the complaint gave no supporting facts, while Issues 1 through 3 were sufficient; Student may amend within 14 days.
Summary
Long Beach challenged only the fourth issue in Student's complaint, which alleged a denial of FAPE for failing to conduct an occupational therapy assessment. OAH found Issues 1, 2, and 3 sufficient. Issue 4 was insufficient because the complaint did not say whether or when an occupational therapy assessment was requested, or describe any fine motor, gross motor, or sensory needs. Student was given 14 days to amend, or the hearing would go forward on Issues 1 through 3 only.
Why it matters
Each issue in a due process complaint needs its own supporting facts. For an assessment claim, say whether and when an assessment was requested and what needs show the child requires it.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(D)
- 20 U.S.C. § 1415(c)(2)(E)(i)(II)
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- Sen. Rep. No. 108-185
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. 2018050316 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
LONG BEACH UNIFIED SCHOOL COMPLAINT
DISTRICT.
On May 7, 2018, Student filed a due process hearing request 1 (complaint) with the Office of Administrative Hearings naming Long Beach Unified School District. On May 15, 2015, Long Beach filed a notice of insufficiency as to the fourth issue pled in 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.)
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).
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 four claims in the complaint. The first three claims are sufficiently pled, and Long Beach only asks that the fourth claim be found insufficiently pled. Student’s Issue 4 states, “District denied Student a FAPE by failing to conduct an Occupational therapy assessment.” Student provides facts in his complaint related to his first three issues, which support those claims. However, there are no facts in the complaint concerning Issue 4. For example, the complaint does not state whether or when a request for an occupational therapy assessment was made. Nor does it state any facts that would demonstrate that Student requires such an assessment; no mention is made in the complaint of fine motor, gross motor, or sensory deficits. Other than the use of the phrase in the statement of the issue quoted above on the last page of the complaint, the only other time “occupational therapy” appears in the complaint is on page three where there is a statement concerning Student receiving occupational therapy as an infant client of the Regional Center. Thus Student’s complaint is insufficiently pled as to the fourth issue as it fails to provide Long Beach with the required notice of a description of the problem and the facts relating to the problem.
ORDER
1. Issues 1, 2, and 3 of Student’s complaint are sufficient under title 20 U.S.C.
section 1415(b)(7)(A)(ii).
2. Issues 4 of Student’s complaint is insufficiently pled under title 20 United
States Code section 1415(c)(2)(D).
3. Student shall be permitted to file an amended complaint under title 20 United
States Code section 1415(c)(2)(E)(i)(II).2
4. The amended complaint shall comply with the requirements of title 20 U.S.C.
section 1415(b)(7)(A)(ii), and shall be filed not later than 14 days from the date of this order.
5. If Student fails to file a timely amended complaint, the hearing shall proceed
only on Issues 1, 2, and 3 in Student’s complaint.
DATE: May 17, 2018
REBECCA FREIE
Administrative Law Judge Office of Administrative Hearings 2 The filing of an amended complaint will restart the applicable timelines for a due process hearing.