California OAH special education order · February 1, 2022
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2022010590 · ALJ Penelope S. Pahl
OAH found Student's complaint sufficient because its single issue, Bellflower's alleged failure to meet transition needs since January 2020, was supported by facts that let the district respond.
Summary
Bellflower filed a Notice of Insufficiency challenging Student's due process complaint. The complaint raised one issue: that Bellflower failed to address Student's transition needs from January 2020 to the present by not providing adequate placement and services, which denied Student a free appropriate public education. Applying the liberal pleading standard, the ALJ found the complaint gave enough facts for Bellflower to prepare, take part in a resolution session and mediation, and respond. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A complaint can survive a sufficiency challenge with one clearly stated issue, a time frame, and supporting facts. OAH reads complaints liberally, so a focused transition claim does not need exhaustive detail.
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
- Alexandra R. v. Brookline School Dist. (D.N.H. 2009) 2009 WL 2957991
- 71 Fed. Reg. 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.
BELLFLOWER UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022010590
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
FEBRUARY 1, 2022
On January 21, 2022, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Bellflower Unified School District as respondent. On January 31, 2022, Bellflower 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.] 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 46541, 46699.)
Student’s complaint is sufficient. Student’s complaint identifies a single issue, alleging Bellflower failed to address Student’s needs in the area of transition from January 2020 to the present. Student alleges facts about the alleged problem.
Specifically, asserting that Bellflower failed to provide adequate placement and services to enable Jeremy to make meaningful educational progress in the area of transition, thereby denying him a free, appropriate public education or FAPE. As pled, the complaint is adequate to permit Bellflower to respond and participate in a resolution session and mediation.
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.
Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings