California OAH special education order · September 27, 2021
Order Finding Complaint Sufficient
OAH Case No. 2021090321 · ALJ Alexa Hohensee
OAH found Student's complaint sufficient because it clearly alleged that Poway changed Student's placement to in-home and moved services online during the 2020 school closures, without notice or Parent consent.
Summary
Poway filed a notice of insufficiency challenging the complaint Parent filed on behalf of adult Student. The complaint alleged that starting in mid-March 2020, Poway failed to implement Student's IEP. It also alleged that Poway changed Student's placement to a restrictive in-home setting and switched services from in-person to online without notice to or consent of Parent, and that Student could not access remote services because of his disabilities. OAH found the complaint identified the issues and gave enough facts for Poway to respond and take part in resolution and mediation, so all scheduled dates were confirmed.
Why it matters
Parents can bring COVID-era claims about failure to implement an IEP and unilateral changes to placement. A short, clear description of what changed and why Student could not access it is enough to survive a sufficiency challenge, because OAH reads complaints liberally.
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
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.
POWAY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021090321
ORDER FINDING COMPLAINT SUFFICIENT
SEPTEMBER 27, 2021
On September 10, 2021, Parent on behalf of adult Student filed a due process hearing request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Poway Unified School District. On September 24, 2021, Poway 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, or FAPE; (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, and 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 alleges that during the 2019-2020 school year, from mid-March 2020, Poway denied Student a FAPE by failing to implement Student’s individualized education program. Student alleges that Poway unilaterally changed Student’s educational placement to a restrictive in-home placement, unilaterally changed the delivery method of services from in-person to online, that Student could not access his education and services remotely due to his disabilities, and that these changes were made without notice to or consent of Parent.
The facts alleged in Student’s complaint are sufficient. Student’s complaint identifies the issues and adequate facts about the problem to permit Poway to respond and participate in a resolution session and mediation.
Therefore, Student’s statement of the 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.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings