California OAH special education order · December 1, 2023

Order Determining Complaint Is Sufficient

OAH Case No. 2023110631 · ALJ Marlo Nisperos

OAH found Student's complaint sufficient because it identified the issue with enough facts for Del Norte County to respond, and it proposed a well-defined resolution: placement at Brookings Harbor School District 17C with transportation.

Complaint found sufficient Sufficiency of complaint

Summary

Del Norte County filed a Notice of Insufficiency challenging Student's due process complaint. OAH found that the complaint's single issue was stated with enough facts for the district to respond and to take part in a resolution session and mediation. OAH also found the proposed resolution well-defined: placement at Brookings Harbor School District 17C plus transportation. All prehearing conference and hearing dates were confirmed.

Why it matters

A complaint that clearly states one issue with supporting facts and asks for a specific remedy, such as a named placement plus transportation, will survive a sufficiency challenge under OAH's liberal pleading standard.

Key authority cited

  • 20 U.S.C. § 1415(b)(7)(A)
  • Sen. Rep. No. 108-185 (2003)
  • H.R.Rep. No. 108-77 (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

sufficiency notice of insufficiency proposed resolution placement transportation

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.

DEL NORTE COUNTY UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2023110631

ORDER DETERMINING COMPLAINT IS SUFFICIENT

DECEMBER 1, 2023

On November 16, 2023, Parents on behalf of Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Del Norte County Unified School District as respondent. On December 1, 2023, Del Norte County 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 identifies the issues and adequate facts about the problem to permit Del Norte County to respond and participate in a resolution session and mediation. Therefore, Student’s statement of the one issue is sufficient.

Student’s proposed resolutions requests placement at Brookings Harbor School District 17C and transportation to and from the requested placement. 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 stated in Student’s complaint is well-defined. Student has met the statutorily required standard regarding proposed resolutions.

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