California OAH special education order · January 23, 2020
Order Determining Complaint Sufficient
OAH Case No. 2020010261 · ALJ Cole Dalton
OAH found Whittier's complaint sufficient because it clearly stated one issue: whether its assessments were appropriate, so that it need not fund the independent educational evaluations Student requested.
Summary
Whittier City School District filed a due process complaint, and Student filed a notice of insufficiency challenging it. The complaint described Student's May 2019 request for reassessments or independent educational evaluations (IEEs), the District's assessments, the December 2019 IEP meeting where they were reviewed, and Student's later IEE requests in five areas. OAH found the complaint sufficient because its single issue, whether the District's assessments were appropriate so it need not fund IEEs, gave Student enough awareness and understanding of the case to respond and take part in mediation. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
When a district files to defend its assessments against an IEE request, a short complaint naming the assessments and the IEE areas at issue is usually enough. A notice of insufficiency is unlikely to delay or derail the case.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Sen. Rep. No. 108-185
- H.R.Rep. No. 108-77
- 71 Fed.Reg. 46540-46541, 46699
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
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:
WHITTIER CITY SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2020010261
ORDER DETERMINING COMPLAINT SUFFICIENT
On January 9, 2020, Whittier City School District filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Student. On January 22, 2020, Student 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 Whittier’s complaint are sufficient. Whittier’s complaint identifies the issues and adequate facts about the problem to permit Student to respond and participate in a mediation. Whittier’s complaint alleges a series of facts identifying Student’s requests for comprehensive reassessments or independent educational evaluations in a letter dated May 29, 2019. Whittier alleges it conducted comprehensive assessments, later reviewed at a December 4, 2019 individualized education program team meeting. Whittier further alleges that Student, then requested independent educational evaluations in psychoeducation, academics, speech and language, occupational therapy, and recreational therapy. Whittier filed its complaint on the sole issue of whether its assessments were appropriate, such that Whittier need not fund independent educational evaluations sought by Student.
Whittier’s sole issue is sufficiently pled to provide an awareness and understanding of the issues forming the basis of the complaint. Therefore, Whittier’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.
IT IS SO ORDERED.
DATED: January 23, 2020 Cole Dalton Administrative Law Judge Office of Administrative Hearings