California OAH special education order · January 9, 2020

Order Determining Due Process Complaint Sufficient

OAH Case No. 2019120891 · ALJ Tara Doss

OAH found Student's complaint sufficient because it alleged Santa Clara misrepresented its evaluations since 2013, denying parental participation, and supported this with several pages of facts and proposed resolutions.

Complaint found sufficient Sufficiency of complaint

Summary

Santa Clara filed a Notice of Insufficiency challenging Student's due process complaint. The complaint raised one issue with two sub-issues: that Santa Clara denied Student a FAPE from 2013 by misrepresenting its evaluations, which denied parental participation and kept the IEP team from developing appropriate IEPs. OAH found the complaint sufficient because it included several pages of supporting facts and proposed resolutions. That gave Santa Clara enough information to prepare for a resolution session, mediation, and hearing, so the existing dates stayed in place.

Why it matters

A complaint that clearly states the issue, gives supporting facts, and proposes resolutions will survive a district's sufficiency challenge, because OAH reads pleadings liberally under the IDEA.

Key authority cited

  • 20 U.S.C. § 1415(b)(7)(A)
  • Sen. Rep. No. 108-185 (2003)
  • H.R.Rep. No. 108-77 (2003)
  • Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
  • 71 Fed. Reg. 46540-46541, 46699 (Aug. 14, 2006)

Topics

sufficiency notice of insufficiency parental participation evaluations fape

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.

SANTA CLARA UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2019120891

ORDER DETERMINING DUE PROCESS COMPLAINT SUFFICIENT

On December 23, 2019, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, naming Santa Clara Unified School District. The Office of Administrative Hearings is referred to as OAH. On January 7, 2020, Santa Clara 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, called a FAPE; (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 a resolution session 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 Education Act, called 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 sufficient. The complaint contains one issue with two sub- issues. The issue alleges Santa Clara denied Student a FAPE, from 2013, by misrepresenting its evaluations, thereby denying parental participation, and preventing the individualized education program, called an IEP, team from developing appropriate IEP’s. There are several pages of facts to support Student’s issue. There are also proposed resolutions related to the issue. Therefore, Student’s complaint includes enough information to allow Santa Clara to prepare for, and participate in, a resolution session, mediation, and due process hearing.

ORDER

1. The complaint is sufficient under title 20 United States Code section

1415(b)(7)(A)(ii).

2. The prehearing conference and hearing dates will remain as scheduled.

DATED: January 9, 2020 Tara Doss Administrative Law Judge Office of Administrative Hearings