California OAH special education order · June 13, 2024
Order Determining Due Process Complaint Sufficient
OAH Case No. 2024060302 · ALJ Penelope S. Pahl
OAH found Student's complaint sufficient because it clearly raised a single issue: whether Rocklin will keep offering nurse-accompanied transportation to pediatric day care as Student moves to transitional kindergarten.
Summary
Rocklin filed a Notice of Insufficiency challenging Parent's due process complaint. The complaint raised one issue: whether Rocklin would continue to offer Student transportation to her pediatric day care with a transportation nurse in the next IEP, as Student moves from preschool to transitional kindergarten. OAH applied the IDEA's minimal, liberally construed pleading standards. It found the issue and the short time frame clear enough for Rocklin to take part in resolution and mediation, so it confirmed all hearing dates.
Why it matters
A short, focused complaint can meet the IDEA's pleading standard if it clearly names the service at issue and the time frame. Parents do not need lengthy complaints to survive a district's insufficiency challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)(ii)
- Schaffer v. Weast (2005) 546 U.S. 49
- Sen. Rep. No. 108-185
- Alexandra R. v. Brookline School Dist. (D.N.H. 2009) 2009 WL 2957991
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed.Reg. 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.
ROCKLIN UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024060302
ORDER DETERMINING DUE PROCESS COMPLAINT
SUFFICIENT
JUNE 13, 2024
On June 7, 2024, 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 Rocklin Unified School District as respondent. On June 13, 2024, Rocklin filed a Notice of Insufficiency as to the complaint.
APPLICABLE LAW
Minimal pleading standards apply to requests for due process pursuant to the Individuals with Disabilities Education Act. (Schaffer ex rel. Schaffer v. Weast, (2005) 546 U.S. 49, 54 [126 S.Ct. 528, 163 L.Ed.2d 387].) 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 Individuals with Disabilities Education Act, or 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.] 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 46541, 46699.)
COMPLAINT SUFFICIENT AS STATED
Student’s complaint alleges a single issue: whether Rocklin will continue to offer Student transportation to her pediatric day care accompanied by a nurse. That issue is sufficiently stated. Student is a preschool student, moving to transitional kindergarten or TK. The complaint clearly states Parent’s concern is whether the specific transportation service, including a transportation nurse, will continue to be offered to Student in the next IEP. A very short time span is involved in this issue leaving little question as to the time frame involved. Student’s claims are sufficiently clear to allow Rocklin to engage in resolution and mediation of the issues. Therefore, Student’s statement of her 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.
Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings