California OAH special education order · April 27, 2023
Order Determining Due Process Complaint Partially Sufficient
OAH Case No. 2023040394 · ALJ Kara Hatfield
OAH found Student's complaint partially sufficient: the May 2022 IEP placement claim was adequately pleaded, other claims were not, and a reimbursement remedy stated as a category without dollar amounts was enough.
Summary
Manhattan Beach filed a Notice of Insufficiency challenging Student's due process complaint. OAH found the complaint adequately stated one claim: Manhattan Beach denied Student a FAPE from June 17, 2022, through April 11, 2023, by failing to offer an appropriate placement in the May 2022 IEP. Any other claims were insufficiently pleaded. OAH rejected the District's argument that Student must list the specific types and amounts of costs for reimbursement, because the law requires a proposed resolution only to the extent known and available. Student may file an amended complaint within 14 days. Otherwise the hearing will go forward on the placement issue alone.
Why it matters
A parent's complaint can ask for reimbursement as a general category without listing specific dollar amounts. Every claim still needs its own clear issue and supporting facts, or it may be cut from the hearing.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(E)(i)(II)
- Sen. Rep. No. 108-185
- 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. 46540-46541, 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.
MANHATTAN BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023040394
ORDER DETERMINING DUE PROCESS COMPLAINT
PARTIALLY SUFFICIENT
APRIL 27, 2023
On April 11, 2023, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Manhattan Beach Unified School District. On April 26, 2023, Manhattan Beach 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 Board (M.D.Fla., Oct. 28, 2005, 8:04CV2657T24EAJ) 2005 WL 2850076 [nonpub. opn.]; but cf. M.S.-G v.
Lenape Regional High School Dist. Board 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 facts alleged in Student’s complaint are partially sufficient. The complaint adequately states Student’s contention Manhattan Beach denied Student a free appropriate public education from June 17, 2022, through April 11, 2023, by failing in the May 2022 individualized education program to offer Student an appropriate placement. Student’s complaint identifies the issue and adequate facts about Student’s disagreement with the placement offered in the May 2022 individualized education program to permit Manhattan Beach to respond and participate in a resolution session and mediation, and to prepare for hearing. However, any other claim, or claims, Student attempted to assert in the complaint is, or are, insufficiently pleaded.
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 resolution of reimbursement stated in Student’s complaint is described as a category, not a specific dollar amount. Manhattan Beach argues Student should be required to state in her complaint the specific types of costs Parents incurred and the amount of reimbursement requested. However, Student has met the statutorily required standard regarding proposed resolutions.
ORDER
1. The complaint is partially sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
2. If Student seeks to state any claims beyond those identified as sufficiently
pleaded in this Order, Student is permitted to file an amended complaint under title 20 United States Code section 1415(c)(2)(E)(i)(II).
3. An amended complaint shall comply with the requirements of title 20
United States Code section 1415(b)(7)(A)(ii), and shall be filed not later than 14 days from the date of this Order. The filing of an amended complaint will restart the applicable timelines for a due process hearing.
4. If Student does not file a timely amended complaint, the hearing shall
proceed only on the issue stated in Student’s complaint, as defined and limited above, on the dates currently set for the prehearing conference and due process hearing.
IT IS SO ORDERED.
Kara Hatfield Administrative Law Judge Office of Administrative Hearings