California OAH special education order · May 5, 2022
Order Finding Due Process Complaint Sufficient
OAH Case No. 2022040677 · ALJ Alexa Hohensee
OAH found Student's complaint sufficient, rejecting Mountain View-Whisman's demand for more detail on which services should have been offered, because the complaint identified the issues and facts well enough to respond.
Summary
Mountain View-Whisman filed a notice of insufficiency against Student's due process complaint. It argued it needed more detail about exactly which special education and related services Student believed should have been offered. OAH found both issues sufficient. Issue 1 alleged specific inadequacies in Student's program, Issue 2 alleged problems and unclear terms in a series of IEP offers, and the requested remedies of appropriate services and compensatory education were defined well enough. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A complaint does not have to list every service component a student should have received. Describing the problems with the program and the IEP offers, with supporting facts, is enough to survive a district's insufficiency challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)(ii)
- 20 U.S.C. § 1415(b) & (c)
- Sen. Rep. No. 108-185 (2003)
- H.R.Rep. No. 108-77 (2003)
- 71 FR 46,540-46541, 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.
MOUNTAIN VIEW-WHISMAN SCHOOL DISTRICT.
OAH CASE NUMBER 2022040677
ORDER FINDING DUE PROCESS COMPLAINT SUFFICIENT
MAY 05, 2022
On April 19, 2022, Student filed a due process hearing request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Mountain View-Whisman School District. On May 4, 2022, Mountain View-Whisman 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, 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
The facts alleged in Student’s complaint are sufficient. At Issue 1, Student alleges specific inadequacies in his educational program, and at Issue 2, Student alleges insufficiencies and a lack of clarity in Mountain View-Whisman’s series of individualized education program offers. Mountain View-Whisman argues that it needs more specificity as to exactly the special education and related service components Student contends should have been offered. However, Student’s complaint identifies the issues and adequate facts about the problem to permit Mountain View-Whisman to respond and participate in a resolution session and mediation.
Therefore, Student’s statement of the two claims is sufficient.
A complaint is required to include proposed resolutions to the problem, to the extent known and available to the party at the time. (20 U.S.C. §1415(b)(7)(A)(ii)(IV).)
The proposed resolutions stated in Student’s complaint are sufficiently defined. Student seeks a finding of appropriate special education and services and an award of compensatory education. Student has met the statutorily required standard regarding proposed resolutions.
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