California OAH special education order · July 12, 2021
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2021060926 · ALJ Cararea Lucier
OAH found Student's 37-page, eight-claim complaint sufficient, rejecting Mt. Diablo's demand for more detail on statute-of-limitations exceptions because the complaint gave enough awareness of the issues to respond.
Summary
Mt. Diablo filed a notice of insufficiency against Student's due process complaint, arguing for more specific facts about the exceptions to the statute of limitations that Student alleged. The ALJ found the 37-page complaint sufficient because it identified the issues and gave enough facts for Mt. Diablo to respond and take part in a resolution session and mediation. All eight claims went forward, and all mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A complaint does not need every detail supporting a statute-of-limitations exception to survive a sufficiency challenge. It only needs to give the district a basic understanding of the issues and facts, and pleading rules are read liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)(ii)
- 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:
PARENTS ON BEHALF OF STUDENT,
v.
MT. DIABLO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021060926
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
JULY 12, 2021
On June 23, 2021, Parent, on behalf of Student, filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Mt. Diablo Unified School District. On July 8, 2021, Mt. Diablo filed a timely 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 Student’s complaint are sufficient. Although Mt. Diablo would prefer more specific details relating to facts alleged as exceptions to the statute of limitations, Student’s 37-page complaint provides Mt. Diablo with an awareness and understanding of the events forming the basis of the complaint. Student’s complaint identifies the issues and adequate facts about the problem to permit Mt. Diablo to respond and participate in a resolution session and mediation.
Therefore, Student’s statement of the eight claims 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.
Cararea Lucier Administrative Law Judge Office of Administrative Hearings