California OAH special education order · February 20, 2019
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2019020106 · ALJ Rita Defilippis
OAH found Student's complaint sufficient, rejecting Alum Rock's challenge because the complaint gave specific 2018 incident dates, related facts about behavior interventions and placement, and proposed resolutions.
Summary
Alum Rock filed a notice of insufficiency claiming Student's complaint was unclear about the timeframe of the allegations and lacked supporting facts. OAH disagreed. It found that the complaint alleged specific 2018 incident dates that led to behavior interventions, which Student said showed a lack of appropriate staff training and resulted in an inappropriate placement. The complaint also proposed resolutions: a change of placement, compensatory services, and prospective services. Because this gave Alum Rock enough notice to respond and take part in resolution and mediation, OAH deemed the complaint sufficient and confirmed all scheduled dates.
Why it matters
OAH reads complaints liberally. A parent's complaint that names specific incident dates, ties them to the problem, and proposes remedies will usually survive a district's timeframe or vagueness challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(C)
- Ed. Code § 56502(d)(1)
- Sen. Rep. No. 108-185
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 FR 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. 2019020106 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
ALUM ROCK UNION ELEMENTARY COMPLAINT
SCHOOL DISTRICT.
On February 4, 2019, Student filed a Due Process Hearing Request 1 (complaint) with the Office of Administrative Hearings naming Alum Rock Union Elementary School District. On February 19, 2019, Alum Rock filed a Notice of Insufficiency as to Student’s complaint claiming that Student’s complaint was not clear as to the timeframe of allegations and did not state sufficient facts to support allegations.
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
The facts alleged in Student’s complaint are sufficient to put Alum Rock 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 Alum Rock to respond to the complaint and participate in a resolution session and mediation. Student alleges specific incident dates in 2018 which lead to behavior interventions which are alleged to indicate a lack of appropriate training and to result in an inappropriate placement for Student. As proposed resolutions, Student requests a change of placement, compensatory services and prospective services until another placement is available. Accordingly, Student’s complaint is sufficient.
ORDER
1. The complaint is deemed sufficient under title 20 United States Code section
1415(c)(2)(C) and Education Code section 56502, subdivision (d)(1).
2. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
DATE: February 20, 2019
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings