California OAH special education order · October 24, 2019
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2019100044 · ALJ June Lehrman
OAH found Student's complaint sufficient because it clearly stated four issues about assessment, discipline, bullying, and native-language procedural rights, with enough facts and proposed resolutions for Glendale to respond.
Summary
Glendale Unified School District filed a Notice of Insufficiency challenging Student's due process complaint. OAH found the complaint sufficient. It clearly and briefly stated four issues: failure to assess despite signs of need, inappropriate discipline, bullying, and denial of Parents' procedural rights to get materials in their native language. It also included enough background facts and proposed resolutions. Student's address and school were not repeated in the body of the complaint, but this did not matter because they appeared on the form cover pages.
Why it matters
Complaints are read liberally, and a clear, short statement of issues with supporting facts and proposed remedies is enough to survive a sufficiency challenge. Required identifying details on the complaint form's cover pages can satisfy the pleading rules.
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,
v.
GLENDALE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019100044
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE PROCESS
COMPLAINT
On October 1, 2019, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Glendale Unified School District. On October 15, 2019, Glendale Unified School District 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 clearly and succinctly identifies the four stated issues and adequate facts about the problem to permit Glendale Unified School District to respond and participate in a resolution session and mediation. Student complains he was not assessed despite exhibiting the need for assessment, was inappropriately disciplined, was bullied and that his Parents were denied procedural rights to obtain materials in their native language.
The complaint alleges ample background factual allegations. The complaint also adequately states Student’s proposed resolutions. Student’s address and school of attendance, although not separately alleged in the complaint, are clearly stated on the form cover pages of the complaint.
Therefore, Student’s statement of the four 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: October 24, 2019 June Lehrman Administrative Law Judge Office of Administrative Hearings