California OAH special education order · September 18, 2019
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2019041182 · ALJ Penelope S. Pahl
OAH found Student's second amended complaint sufficient, rejecting Clovis's challenge because the complaint identified the disputed assessments and behavior plan with enough facts to put Clovis on notice.
Summary
Clovis filed a Notice of Insufficiency against Student's second amended complaint. Clovis argued that issue two did not say which parts of the October 23, 2018 speech and language and psychoeducational assessments Student was challenging, and that issue three did not explain how the behavior support plan and goals were inadequate. OAH found the complaint sufficient. Student had alleged that Clovis failed to consider and share information about Student being hyperlexic, that the evaluations were not comprehensive, and that the behavior plan and goals did not address Student's unique needs, which was enough notice for Clovis to respond, take part in a resolution session and mediation, and prepare for hearing. The scheduled prehearing conference and hearing dates were confirmed.
Why it matters
Pleading standards in IDEA complaints are read liberally, so a parent does not have to list every flaw in an assessment or behavior plan. Naming the specific assessments or plans being challenged and the general reasons they fall short is usually enough to survive a district's sufficiency challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Sen. Rep. No. 108-185 (2003)
- H.R.Rep. No. 108-77 (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,
v.
CLOVIS UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019041182
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE PROCESS
COMPLAINT
On April 26, 2019, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Clovis Unified School District as Respondent. On September 9, 2019, OAH granted Student’s motion to file a second amended complaint. On September 11, 2019, Clovis filed a Notice of Insufficiency as to the second amended complaint.
APPLICABLE LAW
The named parties have the right to challenge the complaint’s sufficiency.
(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: (1) describes the problem relating to the proposed change regarding the Student’s identification, evaluation, or educational placement, or providing the Student a free appropriate public education; (2) includes facts about the problem; and (3) includes a proposed resolution 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
Clovis asserts that it is does not have sufficient facts to prepare for hearing as to Student’s issue number two because it is unable to determine which aspects of the speech and language and psychoeducational assessments, presented at the October 23, 2018 individualized education program or IEP team meeting, that Student is challenging.
Clovis contends it would be left to defend each and every aspect of those assessments at hearing which it argues is not consistent with the statutory purpose of the Individuals with Disability Education Act. Student has alleged that Clovis failed to consider and share information regarding Student being hyperlexic, that the evaluations were not comprehensive, and that all areas of disability were not assessed.
Clovis further argues that Student’s issue number three fails to state how the behavior support plans and behavior goals included in the October 23, 2018 IEP are insufficient to provide a free, appropriate public education, often called a FAPE, leaving Clovis responsible for defending each and every aspect of its behavior support plans and goals. Student’s complaint alleges the behavior plan and goals are “not sufficiently comprehensive or sufficiently designed to address Student’s unique needs or the underlying deficit’s affecting Student’s behavior.”
The facts alleged in Student’s complaint are sufficient to put Clovis on notice of the issues forming the basis of the complaint. Here, Student’s complaint identifies the issues, sufficiency of two assessments and adequacy of a behavior support plan and behavior goals, and adequate related facts about the problem to permit Clovis to respond to the complaint and participate in a resolution session and mediation. In a request for due process hearing related to a special education case, so long as Clovis has received information putting it on notice of Student’s claims, the complaint is sufficient.
ORDER
1. The complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
2. The prehearing conference, and hearing dates stated in the September 11,
2019 scheduling order in this matter are confirmed.
IT IS SO ORDERED.
DATED: September 18, 2019 Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings