California OAH special education order · March 12, 2020
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2020021049 · ALJ Tiffany Gilmartin
OAH found East Side's due process complaint sufficient, ruling it gave Parent enough information to understand that Student's recommended out-of-state residential nonpublic school placement was in dispute.
Summary
East Side Union High School District filed a due process complaint naming Parent, and Student challenged it as insufficient. Student argued the complaint gave no information about Student's background or individual circumstances, and no specific facts about the less restrictive placements, services, and supports offered before. OAH found the complaint sufficient because it showed that Student's IEP team recommended an out-of-state residential nonpublic school, which made clear that placement was in dispute. Under the IDEA's liberal pleading standards, that was enough for Student to respond and take part in mediation, and all scheduled dates were confirmed.
Why it matters
A district's complaint can survive a sufficiency challenge with few details if it makes clear what is in dispute, such as a proposed residential placement. Families usually need to prepare for the hearing on the merits rather than count on a notice of insufficiency to stop the case.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- 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
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:
EAST SIDE UNION HIGH SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2020021049
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
MARCH 12, 2020
On February 26, 2020 East Side Union High School District filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Parent. On March 12, 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 East Side’s complaint are sufficient. Student alleges East Side’s complaint provides no information on Student’s background, individual circumstances, or any factual foundation describing with specificity the less restrictive placement, services, and supports previously offered Student. East Side’s complaint gives Parent sufficient information to understand Student’s placement is in dispute.
Student’s IEP team recommended Student be placed in an out-of-state residential non- public school. Given the liberal pleading standards of the IDEA, East Side’s complaint identifies the issues and adequate facts about the problem to permit Student to respond and participate in 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 matter are
confirmed.
IT IS SO ORDERED.
Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings