California OAH special education order · December 1, 2020
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2020110708 · ALJ Theresa Ravandi
OAH found Student's complaint sufficient despite sparse facts and typographical errors, because its two FAPE issues and private school reimbursement request gave San Diego enough notice to respond and prepare.
Summary
San Diego filed a Notice of Insufficiency arguing Student's complaint lacked enough facts to meet minimum pleading requirements. OAH disagreed. Student's two issues were adequately pled: an unclear FAPE offer in the January 22, 2020 IEP about supplemental supports, and a failure to implement the January and October 2020 IEPs during the 2020-2021 school year. Student's request for reimbursement of private school costs met the requirement for a proposed resolution, so all prehearing conference and hearing dates were confirmed.
Why it matters
Pleading standards are read liberally in due process cases. A complaint with thin facts and typos can still go forward if it names the IEPs, school years, and problems clearly enough for the district to understand the claims.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(C)
- Ed. Code, § 56502, subd. (d)(1)
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- Sen. Rep. No. 108-185
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.
SAN DIEGO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020110708
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
DECEMBER 1, 2020
On November 23, 2020, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming San Diego Unified School District. On November 25, 2020, San Diego 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).
The complaint is deemed sufficient unless a party notifies OAH and the other party in writing within 15 days of receiving the complaint that the party believes the complaint has not met the notice requirements. (20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).) Here, San Diego timely filed its Notice of Insufficiency.
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
San Diego argues Student’s complaint lacks sufficient facts to meet minimal pleading requirements. Although the facts alleged in Student’s complaint are sparse, and the pleading contains typographical errors, the two issues raised in the complaint are sufficiently pled to put San Diego on notice as to the basis of Student’s claims.
Student identifies two issues for hearing. The first issue is an alleged failure to make a clear, specific offer of a free appropriate public education, called FAPE, during the 2019-2020 school year. Student places at issue the January 22, 2020 individualized education program or IEP regarding the offer of supplemental supports. The second issue asserts a denial of FAPE for the 2020-2021 school year because of San Diego’s failure to implement the January and October 2020 IEP’s. The complaint identifies the issues and adequate facts about the problem to permit San Diego to respond and participate in a resolution session or mediation, and to prepare for hearing. Therefore, Student’s statement of the issues is sufficient.
Student’s proposed resolutions requests reimbursement for the costs of a private school. A complaint is required to include proposed resolutions to the problem, to the extent known and available to the party at the time. (20 U.S.C. §1415(b)(7)(A)(ii)(IV).)
Student has met the statutorily required standard regarding proposed resolutions.
ORDER
1. The complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
2. All prehearing conference, and hearing dates in this matter are confirmed.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings