California OAH special education order · June 12, 2018
Order Determining Due Process Complaint Sufficient
OAH Case No. 2018051159 · ALJ Tara Doss
OAH found Student's complaint sufficient. It clearly alleged that Santa Cruz denied Student a FAPE, including by limiting Parent's classroom access, aide consistency, timely IEP meetings, and mental health services, and it gave supporting facts and proposed resolutions.
Summary
Santa Cruz City Schools filed a Notice of Insufficiency challenging Student's due process complaint. Student's complaint alleged four failures by Santa Cruz: it did not allow Parent access to Student's classroom, did not provide a consistent aide and access to peers and social interaction, did not timely hold an IEP meeting Parent asked for, and did not offer appropriate mental health services. The ALJ found the complaint gave supporting facts and proposed resolutions, which was enough information for Santa Cruz to prepare for a resolution session, mediation, and hearing. All scheduled dates were confirmed.
Why it matters
OAH reads complaint requirements liberally. A parent's complaint that names specific problems, gives supporting facts, and proposes fixes will usually survive a district's insufficiency challenge, even when it is written informally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Sen. Rep. No. 108-185 (2003)
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed. Reg. 46540-46541, 46699 (Aug. 14, 2006)
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. 2018051159 v. ORDER DETERMINING DUE
PROCESS COMPLAINT SUFFICIENT
SANTA CRUZ CITY SCHOOLS.
On May 25, 2018, Student filed a Request for Due Process Hearing with the Office of Administrative Hearings, naming Santa Cruz City Schools. On June 7, 2018, Santa Cruz 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 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 includes several allegations against Santa Cruz that relate to the provision of a free appropriate public education to Student, including Santa Cruz’s failure to:
(1) allow Parent access to Student’s classroom; (2) provide Student with a consistent aide and access to peers/social interactions; (3) timely convene an individualized education program team meeting at Parent’s request; and (4) offer appropriate mental health services to Student. The complaint contains facts to support the allegations, as well as, proposed resolutions. The complaint provides Santa Cruz with sufficient information to prepare for a resolution session, mediation, and due process hearing. Therefore, Student’s complaint 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: June 12, 2018
TARA DOSS
Administrative Law Judge Office of Administrative Hearings