California OAH special education order · June 27, 2023
Order Determining the Due Process Complaint Is Sufficient
OAH Case No. 2023060767 · ALJ Marlo Nisperos
OAH found Rosedale Union's complaint sufficient because its single issue, whether it may implement Student's April 28, 2023 IEP without Parents' consent, gave Student enough facts to respond.
Summary
Rosedale Union School District filed a due process complaint asking whether it could implement Student's April 28, 2023 IEP without Parents' consent. Student filed a Notice of Insufficiency. The ALJ found the complaint sufficient because it identified the issue and gave enough facts about the problem for Student to respond. All prehearing conference and hearing dates were confirmed.
Why it matters
When a district files to implement an IEP without parental consent, a short complaint naming the IEP and the consent issue will usually survive an insufficiency challenge. Parents should prepare to defend on the merits rather than count on a pleading challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- 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
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:
ROSEDALE UNION SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2023060767
ORDER DETERMINING THE DUE PROCESS COMPLAINT IS SUFFICIENT
JUNE 27, 2023
On June 21, 2023, Rosedale Union School District filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Parent on behalf of Student. On June 26, 2023, Student 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
The facts alleged in Rosedale Union’s complaint are sufficient. Rosedale Union alleges one issue, whether it may implement Student’s April 28, 2023 IEP without Parents’ consent. Rosedale Union’s complaint identifies the issue and adequate facts about the problem to permit Student to respond.
Therefore, Rosedale Union’s statement of the one claim is sufficient.
ORDER
1. The complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
2. All prehearing conference, and hearing dates in this matter are confirmed.
IT IS SO ORDERED.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings