California OAH special education order · December 23, 2024
Order Determining Due Process Complaint Sufficient
OAH Case No. 2024120326 · ALJ Rita Defilippis
OAH found Student's complaint sufficient, ruling that its single issue about Oxnard's December 7, 2022 IEP stated enough facts for the district to respond and take part in resolution and mediation.
Summary
Oxnard School District filed a Notice of Insufficiency challenging Student's due process complaint. The complaint raised one issue: that Oxnard's December 7, 2022 IEP failed to state appropriate present levels of performance, appropriate goals, and appropriate services to meet Student's needs. OAH found the complaint sufficient because it identified the issue and gave enough facts for Oxnard to respond and participate in a resolution session and mediation. All prehearing conference and hearing dates were confirmed.
Why it matters
OAH reads complaints liberally, so a single, clearly framed issue tied to a specific IEP and its present levels, goals, and services can be enough to survive a district's sufficiency challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Sen. Rep. No. 108-185
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 FR 46540-46541, 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.
OXNARD SCHOOL DISTRICT.
OAH CASE NUMBER 2024120326
ORDER DETERMINING DUE PROCESS COMPLAINT
SUFFICIENT
DECEMBER 23, 2024
On December 6, 2024, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Oxnard School District. On December 20, 2024, Oxnard 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
Student’s complaint contains one issue which alleges that Oxnard’s December 7, 2022, IEP fails to state appropriate present levels of performance, appropriate IEP goals, and appropriate services to meet Student’s needs. The facts alleged in Student’s complaint are sufficient. Student’s complaint identifies the issues and adequate facts about the problem to permit Oxnard to respond and participate in a resolution session and mediation. Therefore, Student’s issue and statement of claims 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.
Rita Defilippis Administrative Law Judge Office of Administrative Hearings