California OAH special education order · June 28, 2018
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2018060980 · ALJ Darrell Lepkowsky
OAH found Student's claim about being denied the chance to walk at graduation insufficiently pled because it gave no details on eligibility, who denied it, when, which school, or how it denied FAPE.
Summary
District challenged only issue five of Student's complaint, which alleged District denied Student the chance to walk in a graduation ceremony when others in the same situation were allowed to. The ALJ found issue five insufficient. It did not say whether Student was eligible to graduate, who denied participation, when it happened, which school's ceremony was involved, when the ceremony took place, or how the denial deprived Student of a free appropriate public education. Issues one through four were found sufficient. Student may amend within 14 days, or the hearing will go forward only on issues one through four.
Why it matters
A claim about graduation participation needs specific facts: who, when, where, whether the student was eligible, and how the denial affected the student's education under the IDEA. Parents without an attorney can ask OAH for a mediator to help them draft the issues in an amended complaint.
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)
- Ed. Code, § 56505
- Ed. Code, § 56502
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
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. 2018060980 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
RIALTO UNIFIED SCHOOL DISTRICT. COMPLAINT
On June 19, 2018, Parent on behalf of Student filed a request for a due process hearing1 (complaint) with the Office of Administrative Hearings naming Rialto Unified School District. On June 26, 2018, District timely filed a notice of insufficiency as to issue five of 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 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).
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
In this matter, District only challenges the sufficiency of issue five of Student’s complaint. Issue five states that District denied Student “the opportunity to walk in the graduation ceremony, although others in identical circumstances were allowed to do so.”
Student fails to state whether he was eligible to graduate, fails to state who at District denied him the opportunity to participate in the graduation, when this occurred, for which school Student felt he should be part of the graduation ceremony, or when the graduation ceremony at issue took place. Further, Student fails to state how or why this alleged denial deprived him of a free and appropriate public education. For these reasons, issue five of Student’s complaint fails to provide District with the required notice of a description of the problem and the facts relating to the problem. Issue five is thus insufficient as pled.
MEDIATOR ASSISTANCE FOR NON-REPRESENTED PARENTS
A parent who is not represented by an attorney may request that OAH provide a mediator to assist the parent in identifying the issues and proposed resolutions that must be included in a complaint. (Ed. Code, § 56505.) Parent is encouraged to contact OAH for assistance if she intends to amend her due process hearing request.
ORDER
1. Issues one, two, three, and four of Student’s complaint are sufficient under
title 20 U.S.C. section 1415(b)(7)(A)(ii).
2. Issue five 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 one, two, three, and four of Student’s complaint.
DATE: June 28, 2018
DARRELL LEPKOWSKY
Administrative Law Judge Office of Administrative Hearings 2 The filing of an amended complaint will restart the applicable timelines for a due process hearing.