California OAH special education order · August 25, 2023
Order Determining Due Process Complaint Sufficient
OAH Case No. 2023080303 · ALJ Linda Dowd
OAH found Student's proposed resolutions sufficient, rejecting Cabrillo Point Academy's challenge because the law does not require detailed or specific remedies and the academy cited no authority saying otherwise.
Summary
Cabrillo Point Academy filed a notice of insufficiency challenging only the proposed resolutions in Student's due process complaint, not the issues or facts. Student asked for compensatory education, independent educational evaluations, an appropriately developed IEP, appropriate placement, staff training on FAPE obligations, and other appropriate relief. The ALJ acknowledged the proposed resolutions were not well-defined but found they met the statutory standard, noting the academy offered no legal authority requiring detailed or specific remedies. All prehearing conference and hearing dates were confirmed.
Why it matters
The IDEA requires a proposed resolution only to the extent known and available when the complaint is filed, so broad requests like compensatory education and IEEs are enough. A district usually cannot delay a hearing just because the requested remedies are general.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)(ii)
- 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. 46540-46541, 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.
CABRILLO POINT ACADEMY.
OAH CASE NUMBER 2023080303
ORDER DETERMINING DUE PROCESS COMPLAINT
SUFFICIENT
AUGUST 25, 2023
On August 9, 2023, Student filed a due process hearing request, called a complaint, with the Office of Administrative Hearings, naming Cabrillo Point Academy.
On August 24, 2023, Cabrillo Point Academy 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.)
Cabrillo Point Academy challenges the sufficiency of Student’s proposed resolutions, not the sufficiency of Student’s issues or the facts related to the problem.
Student’s proposed resolutions request compensatory education, independent educational evaluations, an appropriately developed individualized education program, appropriate placement, staff training regarding their free appropriate public education obligations, and any other relief that may be appropriate.
While Student’s proposed resolutions are not well-defined, Student has met the statutorily required standard regarding proposed resolutions. Cabrillo Point Academy did not offer any legal authority that Student’s proposed resolutions are required to be detailed or specific.
ORDER
1. The proposed resolutions in the complaint are 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.
Linda Dowd Administrative Law Judge Office of Administrative Hearings