California OAH special education order · October 10, 2024

Order Determining Due Process Complaint Sufficient

OAH Case No. 2024090941 · ALJ Tiffany Gilmartin

OAH found Student's complaint sufficient because its proof of service and cover sheet supplied names and address, and seven issues gave Manhattan Beach enough facts to prepare.

Complaint found sufficient Sufficiency of complaint

Summary

Manhattan Beach filed a Notice of Insufficiency claiming Student's complaint left out Student's and Parent's names and address. It also raised a pre-complaint settlement agreement. OAH found the complaint sufficient. The proof of service and cover sheet supplied the identifying information, and the seven issues identified the challenged programs, supports, and services with enough facts for a resolution session and mediation. OAH also said a sufficiency challenge is not the right way to decide how a prior settlement agreement affects the case.

Why it matters

OAH looks at the whole filing, including the cover sheet and proof of service, when deciding whether required information is included. A district that wants to argue a prior settlement bars claims must use a different motion, not a sufficiency challenge.

Key authority cited

  • 20 U.S.C. § 1415(b)(7)(A)
  • 20 U.S.C. § 1415(c)
  • Sen. Rep. No. 108-185
  • 71 FR 46540-46541, 46699
  • Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248

Topics

sufficiency notice of insufficiency settlement agreement fape complaint requirements

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.

MANHATTAN BEACH UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2024090941

ORDER DETERMINING DUE PROCESS COMPLAINT

SUFFICIENT

OCTOBER 10, 2024

On September 26, 2024, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Manhattan Beach Unified School District. On October 10, 2024, Manhattan Beach 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

Here, Student’s complaint was filed on OAH’s Request for Mediation and Due Process hearing template. Manhattan Beach alleges Student’s complaint failed to include Student and Parent’s names and address. However, the complaint presented to OAH included a proof of service with this information along with a cover sheet identifying Student, Parents and their address including contact phone numbers for both Parents.

Student’s complaint identifies seven issues and adequate facts to permit Manhattan Beach to participate in a resolution session and mediation. Student’s complaint alleges Manhattan Beach failed to provide Student a free appropriate public education, or FAPE, and identifies the programs, supports and services, Student alleges to be inappropriate. Therefore, Student’s statement on the seven claims is sufficient.

Manhattan Beach also raised the issue of a pre-complaint settlement agreement between the parties. A sufficiency determination is not the appropriate mechanism to address the settlement agreement’s impact on the pending litigation.

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.

Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings