California OAH special education order · March 12, 2019
Order Determining Complaint Sufficient
OAH Case No. 2019020498 · ALJ Linda Johnson
OAH found Student's complaint sufficient because its two issues were specific about Inglewood's failure to convene an IEP meeting and have an IEP in place at the start of the 2018-2019 school year.
Summary
Inglewood filed a Notice of Insufficiency challenging Student's due process complaint. Student's complaint raised two issues: that Inglewood failed to hold a timely IEP team meeting before the 2018-2019 school year, and that it failed to have an IEP in place when that school year began. OAH found the complaint sufficient. Even without additional facts, the issues were specific and said when the violations happened. Student's proposed resolutions, including private school tuition and various services and evaluations, were not well-defined but met the 'to the extent known and available' standard.
Why it matters
A short complaint can survive a sufficiency challenge if each issue is specific and states when the violation happened. Proposed remedies do not need to be precisely defined to meet the legal standard.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)(ii)
- Sen. Rep. No. 108-185
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- Alexandra R. v. Brookline School Dist. (D.N.H. 2009) 2009 WL 2957991
- 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. 2019020498 v. ORDER DETERMINING COMPLAINT
SUFFICIENT
INGLEWOOD UNIFIED SCHOOL
DISTRICT.
On February 13, 2019, Student filed a Due Process Hearing Request 1 (complaint)
with the Office of Administrative Hearings naming Inglewood Unified School District. On February 28, 2019, Inglewood 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, 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).
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 Inglewood on notice of the issues forming the basis of the complaint. Student’s complaint identifies two issues, that Inglewood failed to timely convene an individualized education program team meeting prior to the start of the 2018-2019 school year and that Inglewood failed to have an IEP in place for Student at the beginning of the 2018-2019 school year. Although Student does not allege any additional facts, the issues are specific and Student identifies when the alleged violations occurred. The information is sufficient to permit Inglewood to respond to the complaint and participate in a resolution session and mediation. Therefore, Student’s statement of the two claims is sufficient.
Student’s proposed resolutions request that Inglewood fund Student’s private school tuition and related costs, intensive individual behavior services, speech and language therapy, individual academic instruction, occupational therapy, and independent educational evaluations. 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).) The proposed resolutions stated in Student’s complaint are not well-defined. However, 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. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
DATE: March 12, 2019
LINDA JOHNSON
Administrative Law Judge Office of Administrative Hearings