California OAH special education order · June 7, 2023
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2023050768 · ALJ Brian H. Krikorian
OAH found Student's 32-page, 19-issue complaint sufficient, rejecting Fremont Unified's challenge because the complaint and the district's own notice showed it had ample facts to prepare for hearing.
This case went to decision
Student v. Fremont Unified School District: Fremont Unified wrongly stopped serving an adult student who moved out of state; must fund driver's training and train staff. (2023)
Summary
Fremont Unified filed a Notice of Insufficiency against Student's 32-page complaint, which raised 19 issues and asked for remedies in 19 paragraphs. The district argued that only Issue (r) was sufficiently pled. OAH disagreed. It found that the breadth of the complaint, and the district's own notice, showed there were enough facts for the district to understand the issues, prepare for hearing, and take part in a resolution session and mediation. All 19 issues and remedies were found sufficient, and all scheduled dates were confirmed.
Why it matters
OAH reads complaint pleading requirements liberally, especially for parents filing without a lawyer. A district's detailed insufficiency challenge can itself show that it understands the claims well enough to respond.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Sen. Rep. No. 108-185 (2003)
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 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.
FREMONT UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023050768
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
JUNE 07, 2023
On May 19, 2023, 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 Fremont Unified School District. On June 2, 2023, Fremont Unified 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, through her parent, has filed a 32-page complaint, identifying 19 issues, labeled (a)-(s). Student also has requested remedies under 19 separate paragraphs.
Fremont Unified argues that the issues in the complaint fail to put Fremont Unified on notice of the issues for hearing within OAH’s jurisdiction.
Fremont Unified contends that only one issue, Issue (r) is sufficiently pled.
However, it is clear both from the breadth of the complaint as well as Fremont Unified’s Notice of Insufficiency that there is a wealth of facts in which Fremont Unified can determine the nature of the issues for hearing, as well as make adequate preparation for the hearing. Student’s complaint identifies the issues and adequate facts about the problem to permit Fremont Unified to respond and participate in a resolution session and mediation. Therefore, Student’s complaint and statement of the 19 issues and remedies are sufficiently pled.
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.
Brian H. Krikorian Administrative Law Judge Office of Administrative Hearings