California OAH special education order · August 26, 2019
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2019080074 · ALJ June Lehrman
OAH found Student's complaint sufficient because its three transition-plan claims gave Newport-Mesa enough facts and proposed solutions to respond and take part in resolution and mediation.
Summary
Newport-Mesa filed a Notice of Insufficiency challenging Student's due process complaint. Student raised three claims that the district denied a free appropriate public education by failing to provide an appropriate transition plan. The claims covered college academic preparation in computer science, social skills, and independent living and career skills. OAH found the complaint sufficient because it described each problem, alleged supporting facts about Student's deafness, autism, history and out-of-state placement at Walden School for the Deaf, and proposed a resolution for each claim. All mediation, prehearing conference and hearing dates were confirmed.
Why it matters
A complaint that ties each claim to specific facts about the student's needs and offers a concrete fix for each one will survive a district's sufficiency challenge. Transition-plan claims can be pled as separate issues by skill area: academic, social, and independent living or career.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Sen. Rep. No. 108-185 (2003)
- 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
- M.S.-G v. Lenape Regional High School Dist. (3d Cir. 2009) 306 Fed.Appx. 772
- 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.
NEWPORT-MESA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019080074
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE PROCESS
COMPLAINT
On August 1, 2019, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Newport-Mesa Unified School District. On August 12, 2019, Newport-Mesa filed a Notice of Insufficiency as to the 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
The facts alleged in Student’s complaint are sufficient. Student’s complaint identifies the issues and adequate facts about the problem to permit Newport-Mesa to respond and participate in a resolution session and mediation. Student states three issues, each of which identify different alleged denials of a free appropriate public education because of the lack of an appropriate transition plan addressing skills for college involving academic needs in Student’s area of interest, which is computer science, her social skills needs and her independent living and career and job awareness skills. The complaint alleged that Student is deaf, and has Autism, and attempted suicide after becoming socially isolated, missed a year of school and was then placed out of state at Walden School for the Deaf. It also alleges her interest in pursuing a bachelor of science degree in the area of computer science, and her alleged social skills needs to interact with primarily deaf students in a college setting. The complaint proposes a solution for each problem. Student seeks support during continued placement at Walden School including college preparatory classes, continuation of IEP goals in the areas of socialization, and addressing of job and career skills acquisition.
Therefore, Student’s statement of the three claims 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.
IT IS SO ORDERED.
DATED: August 26, 2019 June Lehrman Administrative Law Judge Office of Administrative Hearings