California OAH special education order · June 17, 2019
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2019060133 · ALJ Cynthia Fritz
OAH found Student's complaint sufficient, rejecting Garvey's challenge to the communication and academics allegation because the facts gave Garvey enough notice to respond and take part in resolution and mediation.
Summary
Garvey School District filed a Notice of Insufficiency claiming that allegation B of Student's due process complaint, about communication and academics, was not pled clearly enough. OAH disagreed. It found the complaint identified the issues and gave enough related facts for Garvey to respond and to participate in a resolution session and mediation. All scheduled mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
OAH reads complaint pleading rules liberally. A complaint that names the issue and gives supporting facts will usually survive a district's sufficiency challenge, so parents do not need to plead every detail.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- 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. 2019060133 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
GARVEY SCHOOL DISTRICT. COMPLAINT
On May 31, 2019, Student filed a Due Process Hearing Request, hereafter referred to as complaint, with the Office of Administrative Hearings, naming Garvey School District.
On June 14, 2019, Garvey 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, 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
Garvey contends that allegation B in Student’s complaint, related to communication and academics, is insufficiently pled. The facts alleged in Student’s complaint, however, are sufficient to put Garvey 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 Garvey to respond to the complaint and participate in a resolution session and mediation. Therefore, Student’s complaint is sufficient.
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: June 17, 2019
CYNTHIA FRITZ
Administrative Law Judge Office of Administrative Hearings