California OAH special education order · March 29, 2019
Order Determining Due Process Complaint Sufficient
OAH Case No. 2019030592 · ALJ Brian H. Krikorian
OAH found Student's complaint sufficient, rejecting Antioch's notice of insufficiency, because it described Student falling behind, Parent's unanswered requests for assessments and an IEP meeting, removed interventions, and proposed resolutions.
Summary
Antioch filed a timely notice of insufficiency challenging Student's due process complaint. OAH found the complaint sufficient. It alleged that Student is falling behind grade level, that Parent asked in writing for assessments to check for a learning disability and eligibility for more services, that Antioch did not respond or hold a requested IEP meeting, and that interventions were removed. The complaint gave specific dates, named an Antioch staff member, and listed four proposed resolutions that, while not well defined, put Antioch on notice of the issues, so all mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A parent's complaint does not need polished legal drafting. Plain facts with dates, the parent's written requests, and even loosely defined proposed resolutions can be enough to survive a district's sufficiency challenge, because pleading rules are read liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(C)
- Ed. Code, § 56502, subd. (d)(1)
- 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. 2019030592 v. ORDER DETERMINING DUE
PROCESS COMPLAINT SUFFICIENT
ANTIOCH UNIFIED SCHOOL DISTRICT.
On March 14, 2019 Parent on behalf of Student (Student) filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming Antioch School District. On March 28, 2019, Antioch 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). The complaint is deemed sufficient unless a party notifies the Office of Administrative Hearings and the other party in writing within 15 days of receiving the complaint that the party believes the complaint has not met the notice requirements.
(20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).) Antioch’s NOI was timely filed.
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 pleads that Student is falling behind and not at the grade level he should be at.
Parent has requested, in writing, that Antioch add assessments to his individualized education program, to determine if he has a learning disability and to determine if he is eligible for additional services. Student pleads that Antioch has not responded to Parent, and has not permitted Parent a meaningful participation in the process. Student pleads that interventions have been removed from Student. Student sets forth specific dates, and that Parent requested an IEP meeting which was not addressed. Student identifies a specific individual from Antioch who Parent has interacted with.
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).) Student sets out four requested resolutions, that while they may not be well defined, are sufficient to put Antioch on notice of Student’s issues.
The facts contained in the complaint are sufficient enough to provide a description of the problem, identify when the problem occurred, and how Antioch allegedly failed to provide student with appropriate assessments and/or services. There are sufficient facts pled in the complaint to allow Antioch to respond, and address the issues at a resolution session, mediation or at hearing.
ORDER
1. The complaint is sufficient under title 20 U.S.C. section 1415(b)(7)(A)(ii).
2. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
DATE: March 29, 2019
BRIAN H. KRIKORIAN
Administrative Law Judge Office of Administrative Hearings