California OAH special education order · June 28, 2023
Order Determining Due Process Complaint Is Sufficient
OAH Case No. 2023060888 · ALJ Marlo Nisperos
OAH found Student's complaint sufficient because it identified 15 issues tied to specific, dated IEPs with enough facts for Downey to respond and take part in resolution and mediation.
Summary
Downey filed a Notice of Insufficiency two days after Student filed a due process complaint. OAH found the complaint sufficient. It explained that the complaint tied its problems to specific IEPs identified by date and alleged that Downey failed to offer services, goals, and appropriate assessments to meet Student's needs, along with procedural violations. Its 15 issues gave Downey enough information to respond, so all mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
Complaints that tie each claim to specific, dated IEPs and describe the student's unmet needs will usually survive a sufficiency challenge, because OAH reads pleading requirements liberally.
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 Fed. Reg. 46,540-46541, 46699 (Aug. 14, 2006)
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.
DOWNEY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023060888
ORDER DETERMINING DUE PROCESS COMPLAINT IS
SUFFICIENT
JUNE 28, 2023
On June 26, 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 Downey Unified School District. On June 28, 2023, Downey 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 Student’s complaint are sufficient. Student’s complaint alleged problems related to specific IEP’s that were identified by date. Student’s complaint claimed he had various needs and alleged that Downey did not offer services, goals, or conduct appropriate assessments to address his needs. Student also alleged procedural violations that he claimed denied him a free appropriate public education.
Student’s complaint identified 15 issues and adequate facts about the problems to permit Downey to respond and participate in a resolution session and mediation.
Therefore, Student’s statement of the 15 claims 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.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings