California OAH special education order · June 22, 2021
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2021060247 · ALJ Claire Yazigi
OAH found Student's complaint sufficient. Its predetermination and least-restrictive-environment claims about a segregated preschool placement gave Garden Grove enough notice to respond, and the IDEA does not require the extra details the district listed.
Summary
Garden Grove filed a Notice of Insufficiency challenging Student's complaint. The complaint alleged that the district predetermined a special education preschool placement and failed to offer the least restrictive environment for the 2019-2020, 2020-2021, and 2021-2022 school years. The ALJ found all three issues sufficient. The complaint described the problem, explained why a general education setting was appropriate (modest IEP goals and no behavioral concerns), and named the school years at issue. The district's list of additional information it wanted was not required.
Why it matters
A district cannot defeat a complaint by listing details it wishes the parent had included. Under the IDEA's liberal pleading standard, a clear description of the problem, supporting facts, and the school years at issue is enough to go forward.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- Schaffer v. Weast (2005) 546 U.S. 49
- 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:
PARENTS ON BEHALF OF STUDENT,
v.
GARDEN GROVE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021060247
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
JUNE 22, 2021
On June 4, 2021, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Garden Grove Unified School District. Garden Grove filed a Notice of Insufficiency after business hours on June 16, 2021, which is deemed to have been filed on June 17, 2021.
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).
Minimal pleading standards apply to requests for due process pursuant to the Individuals with Disabilities Education Act. (Schaffer ex rel. Schaffer v. Weast, (2005) 546 U.S. 49, 54 [126 S.Ct. 528, 163 L.Ed.2d 387.] 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.]; 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 raises three issues. Student’s first issue is compound.
Student asserts that Garden Grove denied Student a FAPE by predetermining its offer of placement in a special education preschool program for the 2019-2020 and 2020-2021 school years. Student’s first issue also alleges that Garden Grove violated state and federal anti-discrimination statutes by placing Student in a segregated special education setting.
Student’s second issue alleges that Garden Grove denied Student a FAPE during the 2019-2020 and 2020-2021 school years by failing to offer Student placement in the least restrictive environment. Likewise, Student’s third issue alleges that Garden Grove’s offer of placement for the upcoming 2021-2022 school year denies Student a FAPE by not offering her placement in the least restrictive environment.
Specifically, Student alleges that Garden Grove placed and seeks to place Student in a segregated, special day program when the least restrictive environment would have been a general education setting. The complaint further explains why Student believes that the general education setting would be most appropriate: that Student has modest IEP goals and no behavioral concerns. Student’s complaint also specifies the school years at issue.
In its Notice of Insufficiency, Garden Grove presents a list of information that it argues should have been included in Student’s complaint to make it sufficient. This is unpersuasive. This specific information is not required to overcome an NOI.
The facts alleged in Student’s complaint are sufficient to put Garden Grove on notice as to the nature of the problems Student alleges. Student’s complaint identifies the issues and adequate facts about the problem to permit Garden Grove to respond and participate in a resolution session and mediation. Therefore, Student’s statements of Issues One, Two, and Three are 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.
Claire Yazigi Administrative Law Judge Office of Administrative Hearings