California OAH special education order · October 29, 2019
Order Determining Due Process Complaint Sufficient
OAH Case No. 2019100451 · ALJ Tara Doss
OAH found Student's complaint against Las Virgenes sufficient because it described eligibility, independent evaluation, implementation, and dyslexia-related service problems with supporting facts and proposed resolutions.
This case went to decision
Student v. Las Virgenes Unified School District: Las Virgenes Unified prevails on all claims about its response to an independent evaluation, dyslexia services, and eligibility categories. (2020)
Summary
Las Virgenes filed a Notice of Insufficiency challenging Student's due process complaint. OAH found the complaint sufficient. It described four problems: failure to include other health impairment, speech or language impairment, and multiple disabilities eligibilities; failure to consider an August 2019 independent educational evaluation; failure to implement IEP accommodations and services; and failure to offer specialized academic instruction for dyslexia, dyscalculia, and dysgraphia. Because the complaint included supporting facts and related proposed resolutions, all scheduled dates stay in place.
Why it matters
A complaint that clearly lists each problem, gives supporting facts, and proposes related fixes will usually survive a district's sufficiency challenge, since OAH reads complaints liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Sen. Rep. No. 108-185
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed. Reg. 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.
LAS VIRGENES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019100451
ORDER DETERMINING DUE PROCESS COMPLAINT SUFFICIENT
On October 11, 2019, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Las Virgenes Unified School District. On October 25, 2019, Las Virgenes 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
Student’s complaint is sufficiently pled. The complaint describes several problems against Las Virgenes, including its failure to:
1. include the eligibilities of other health impairment, speech or language
impairment, and multiple disabilities in Student’s individualized education program;
2. consider the findings and implement the recommendations from an
independent educational evaluation in August 2019;
3. implement the accommodations and services in Student’s individualized
education program; and
4. offer specialized academic instruction and other supports to address
Student’s dyslexia, dyscalculia, and dysgraphia.
The complaint identifies sufficient facts to support the problems described, and to give Las Virgenes awareness of the problems forming the basis of the complaint. The complaint also contains proposed resolutions that relate to the problems described.
Therefore, Las Virgenes has sufficient information to prepare for and participate in a resolution session and mediation.
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 case will
proceed as scheduled.
DATED: October 29, 2019 Tara Doss Administrative Law Judge Office of Administrative Hearings