California OAH special education order · May 17, 2022
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2022050173 · ALJ Cararea Lucier
OAH found Student's complaint sufficient. Five pages of facts supported three clearly identified issues, and the proposed resolutions were well defined. OAH also refused to consider a motion to dismiss bundled into the insufficiency notice.
Summary
Visions in Education filed a Notice of Insufficiency against Student's due process complaint and, in the alternative, a motion to dismiss. OAH addressed only the insufficiency challenge, explaining that a motion to dismiss follows different standards and timelines and must be filed separately. The ALJ found that the complaint's five pages of facts supporting three issues gave the charter school enough information to respond and take part in a resolution session and mediation. The proposed resolutions were also adequate, and Student did not have to state a dollar amount for the reimbursement requested.
Why it matters
Parents do not need to name a specific dollar amount for reimbursement in a complaint, and OAH reads complaints liberally. Districts cannot combine a motion to dismiss with a Notice of Insufficiency; each must be filed on its own.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(b)(7)(A)(ii)(IV)
- Sen. Rep. No. 108-185 (2003), p. 34
- 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:
PARENT ON BEHALF OF STUDENT,
v.
VISIONS IN EDUCATION CHARTER SCHOOL.
OAH CASE NUMBER 2022050173
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
MAY 17, 2022
On May 4, 2022, 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 Visions in Education Charter School. On May 13, 2022, Visions in Education filed a Notice of Insufficiency as to the complaint, or in the alternative, a motion to dismiss. A motion to dismiss may not be included within a Notice of Insufficiency as they are subject to different legal standards, timelines, and procedures.
As such, this Order only addresses the Notice of Insufficiency. If Visions in Education wishes to bring a motion to dismiss, it must do so in a separate written motion filed with
OAH.
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
The facts alleged in Student’s complaint are sufficient. Student included five pages of relevant facts to support his three issues. Student’s complaint identifies the issues and adequate facts about the problem to permit Visions in Education to respond and participate in a resolution session and mediation. Therefore, Student’s statement of the three 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 well-defined.
Parties requesting a due process hearing are not required to specify within the complaint the dollar amount of reimbursement requested as a remedy. 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.
Cararea Lucier Administrative Law Judge Office of Administrative Hearings