California OAH special education order · November 4, 2022

Order of Determination of Sufficiency of Due Process Complaint

OAH Case No. 2022100695 · ALJ Paul H. Kamoroff

OAH found Student's brief complaint sufficient because it identified the issues (test-related physical symptoms and difficulty processing math material) and gave enough facts for Castro Valley to respond and participate in resolution and mediation.

Complaint found sufficient Sufficiency of complaint

Summary

Castro Valley filed a Notice of Insufficiency challenging Parents' due process complaint. The complaint raised two issues: Student's significant physical symptoms during tests, with a request for a neuro-psychoeducational evaluation as the remedy, and Student's difficulty processing material in math class, with a request for accommodations. OAH found that each issue described a problem tied to identification, evaluation, or educational placement. Although the complaint was brief, it gave Castro Valley enough information to respond, so OAH found it sufficient and confirmed all scheduled dates.

Why it matters

A short complaint can still be sufficient if it clearly names the problem, gives some supporting facts, and proposes a remedy, because OAH reads pleading rules liberally. Parents filing without a lawyer should still state each problem and the remedy they want.

Key authority cited

  • 20 U.S.C. § 1415(b)(7)(A)
  • Sen. Rep. No. 108-185 (2003)
  • H.R.Rep. No. 108-77 (2003)
  • 71 Fed.Reg. 46540-46541, 46699 (Aug. 14, 2006)
  • 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

Topics

sufficiency notice of insufficiency evaluation accommodations liberal construction

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.

CASTRO VALLEY UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2022100695

ORDER OF DETERMINATION OF SUFFICIENCY OF DUE

PROCESS COMPLAINT

NOVEMBER 4, 2022

On October 25, 2022, Parents on behalf of Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, called OAH, naming Castro Valley Unified School District, called Castro Valley. On November 3, 2022, Castro Valley 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

Student’s complaint alleges two issues. Issue One asserts Student is experiencing significant physical symptoms during tests. As a remedy, Student requests a neuro-psychoeducational evaluation to ascertain her levels of need and areas of diagnosis. Issue One sufficiently described the problem relating to a proposed change regarding Student’s identification of disability and evaluation.

Issue Two asserts Student has difficulty processing material in her math class. As a remedy, Student requests various accommodations. Issue Two sufficiently described the problem relating to a proposed change regarding Student’s educational placement.

While the complaint is brief in its description of the issues and underlying facts, it identifies the issues and adequate facts about the problem to permit Castro Valley to respond and participate in a resolution session and mediation. The complaint is therefore 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.

Paul H. Kamoroff (Nov 4, 2022 16:39 PDT)

Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings