California OAH special education order · November 3, 2021
Order Finding Due Process Complaint Sufficient
OAH Case No. 2021100871 · ALJ Alexa Hohensee
OAH found Student's complaint sufficient despite San Juan's challenge, because it was limited to two school years and identified specific evaluation, IEP, and FAPE issues with enough facts to respond.
Summary
San Juan Unified School District filed a notice of insufficiency, arguing that Student's complaint did not clearly identify the issues or the time frame of the alleged violations. OAH disagreed. The complaint was expressly limited to the 2019-2020 and 2020-2021 school years. Although it was repetitive and included unrelated facts and exhibits, Issues 1a through 1l gave San Juan enough information to respond and take part in a resolution session and mediation. Those issues covered failure to evaluate attention and behavior problems, ignoring Parent's assessment requests and input, holding an IEP meeting without Parent, inadequate goals and progress reporting, and denial of FAPE.
Why it matters
A complaint does not have to be polished to survive a sufficiency challenge. Stating a clear time frame and listing specific failures is usually enough, because OAH reads complaints liberally. Repetition and extra material will not defeat a complaint if the core issues and facts are identifiable.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Sen. Rep. No. 108-185 (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.
SAN JUAN UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021100871
ORDER FINDING DUE PROCESS COMPLAINT SUFFICIENT
NOVEMBER 03, 2021
On October 28, 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 San Juan Unified School District. On November 3, 2021, San Juan 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, (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 Juan contends that Student’s complaint lacks sufficient specificity to identify the issues raised, or the time frame of the alleged violations. However, Student’s complaint is expressly limited to the 2019-2020 and 2020-2021 school years. Although Student’s allegations are sometimes repetitive, and the complaint includes unrelated facts and exhibits, the facts alleged in Student’s complaint are sufficient. In Issues 1a through 1l, Student alleges that San Juan failed to evaluate Student for attention and behavior problems that interfered with her access to education, failed to respond to Parent’s requests for assessment, ignored Parent input and held an individualized education program, or IEP, team meeting without her, failed to conduct various identified assessments, failed to update Parent on Student’s progress, failed to write appropriate goals or present levels of performance, and failed to offer Student a FAPE.
Student’s complaint identifies the issues and adequate facts about the problems to permit San Juan to respond and participate in a resolution session and mediation.
Therefore, Student’s statement of Issues 1a through 1l 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.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings