California OAH special education order · October 8, 2021
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2021090707 · ALJ Cynthia Fritz
OAH found Student's issue seven sufficient because it alleged Elk Grove failed to address regression in several areas caused by distance learning from March 2020 to filing, giving the district adequate notice.
Summary
Elk Grove filed a timely Notice of Insufficiency challenging issue seven of Student's due process complaint. Elk Grove argued the issue was vague as to time, lacked specificity, and did not connect the alleged violation to Student's free appropriate public education. OAH disagreed. The issue alleged that Elk Grove denied Student a FAPE by failing to address regression in speech and language, academics, occupational therapy, vocational skills, and behavior caused by distance learning from March 2020 through filing. OAH found that this gave enough facts and a specific time period for Elk Grove to respond and prepare. All dates were confirmed.
Why it matters
A claim that a district failed to address pandemic distance-learning regression can survive a sufficiency challenge if it names the affected areas and a defined time period. Pleading standards are applied liberally in favor of giving fair notice.
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)
- 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.
ELK GROVE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021090707
ORDER OF DETERMINATION OF SUFFICIENCY OF
DUE PROCESS COMPLAINT
OCTOBER 8, 2021
On September 22, 2021, Parents on behalf of Student filed a due process hearing request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Elk Grove Unified School District. On October 7, 2021, Elk Grove filed a Notice of Insufficiency as Student's complaint, issue seven.
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).)
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
Student's complaint was filed on September 22, 2021, and Elk Grove filed its Notice of Insufficiency on October 7, 2021. Thus, Elk Grove's Notice of Insufficiency was timely filed.
Elk Grove asserts that Student's issue seven was insufficiently pled because it is vague as to time, lacks specificity, and provides no nexus to the alleged violation and Student's free appropriate public education; thus, it fails to meet minimal pleading requirements. The undersigned finds that Student issue seven is sufficiently pled and provides Elk Grove with adequate notice as to the basis of Student's claim.
Student's issue seven alleges Elk Grove denied Student a free appropriate public education because it failed to address Student's regression in speech and language, academics, occupational therapy, vocational skills, and behavior from March 2020 through the time of filing, due to distance learning. Here, Student provided adequate facts and information, including a specific time period, to allow Elk Grove to respond, defend itself, and participate in a resolution session, mediation, and due process hearing. Accordingly, Student's issue seven is sufficient.
ORDER.
1. Student complaint, issue seven, is sufficient under title 20 United States Code
section 1415(b)(7)(A)(ii).
2. All dates in this matter are confirmed.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings