California OAH special education order · May 14, 2019
Order Determining Due Process Complaint Sufficient
OAH Case No. 2019050060 · ALJ Brian H. Krikorian
OAH found Student's complaint sufficient, ruling that Parent's attached one-page narrative and teacher weekly reports gave Burton enough notice of the issues to prepare for resolution, mediation, and hearing.
Summary
Burton School District filed a notice of insufficiency challenging Student's due process complaint, which on its face listed only one problem and one proposed resolution. OAH looked at the whole filing, including Parent's attached one-page narrative and teachers' weekly reports. The narrative explained that Student had attended Jim Maples Academy since August 2017 and that Parent expected Student to get an aide at the start of the 2018 school year. Applying the liberal pleading standard for IDEA complaints, OAH found the complaint sufficient and confirmed all scheduled dates.
Why it matters
Parents filing on their own can make a short complaint sufficient by attaching a narrative and supporting documents, because OAH reads attachments as part of the complaint and applies a liberal pleading standard.
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)
- Sen. Rep. No. 108-185
- Alexandra R. v. Brookline School Dist. (D.N.H. 2009) 2009 WL 2957991
- 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. 2019050060 v. ORDER DETERMINING DUE
PROCESS COMPLAINT SUFFICIENT
BURTON SCHOOL DISTRICT.
On May 01, 2019 Parent on behalf of Student (Student) filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming Burton School District. On May 10, 2019, Burton 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 Individuals with Disabilities Act 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 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).
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 light of the liberal pleading standards applicable to IDEA due process complaints, all that is required is a description of the nature of the problem and facts relating to the problem. While the complaint only identifies one problem and proposes only one resolution, Parent also attached a one-page narrative statement to the complaint, dated April 16, 2019.
In that one-page narrative, Parent indicates that Student has been attending Jim Maples Academy since August 2017, and that Parent believed Student would receive an aid “at the beginning of the 2018 school year”. Parent sufficiently articulates his concerns for Student receiving a free appropriate public education in detail. Weekly reports from Student’s teachers are also attached to the complaint.
The facts alleged in Student’s complaint are sufficient to put Burton 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 Burton to participate in a resolution session, a mediation if requested, and to prepare for a hearing.
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: May 14, 2019
BRIAN H. KRIKORIAN
Administrative Law Judge Office of Administrative Hearings