California OAH special education order · December 22, 2022
Order Determining Due Process Complaint Sufficient
OAH Case No. 2022120472 · ALJ Judith Pasewark
OAH found Mission Vista Academy's complaint sufficient. The complaint seeks to defend its psychoeducational assessment against an independent educational evaluation request, and it gave Student enough facts to respond and attend mediation.
Summary
Mission Vista Academy filed a due process complaint asking OAH to find that its September 6, 2022 psychoeducational assessment and report were appropriate, so that Student is not entitled to an independent educational evaluation (IEE) at public expense. Student filed a Notice of Insufficiency challenging the complaint. Applying the liberal pleading standard under the IDEA, OAH found that the complaint identified the issue and gave enough facts for Student to respond and take part in mediation. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
When a district files to defend its assessment after a parent asks for an IEE, a short complaint that names the assessment, its date, and the relief sought will usually pass a sufficiency challenge. Parents should expect to prepare for the hearing on the merits rather than rely on a pleading 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, p. 34
- H.R.Rep. No. 108-77, p. 115
- 71 Fed. Reg. 46540-46541, 46699
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
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:
MISSION VISTA ACADEMY,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2022120472
ORDER DETERMINING DUE PROCESS COMPLAINT
SUFFICIENT
DECEMBER 22, 2022
On December 16, 2022, Mission Vista Academy filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Student. On December 19, 2022, Student filed a Notice of Insufficiency as to the complaint.
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.)
The issue presented in this complaint is whether Mission Valley Academy’s September 6, 2022 psychoeducational assessment and assessment report are appropriate, such that Student is not entitled to an independent educational evaluation at public expense.
The facts alleged in Mission Valley Academy’s complaint are sufficient. Mission Valley Academy’s complaint identifies the issues and adequate facts about the problem to permit Student to respond and attend mediation.
Therefore, Mission Valley Academy’s statement of the issue 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.
Judith Pasewark Administrative Law Judge Office of Administrative Hearings