California OAH special education order · August 14, 2013
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2013071251 · ALJ Robert Helfand
OAH found Student's complaint insufficient because it did not explain which of Student's unique needs were unmet at her current school or why, and gave Student 14 days to amend.
Summary
Student's complaint asked to move her to a different school, saying her current school was not meeting her needs and that she had started showing behavior problems. The District filed a notice of insufficiency, arguing the complaint did not describe Student's unique needs or how her placement was failing to meet them. OAH agreed that the complaint lacked a description of the problem and the facts behind it. Student may file an amended complaint within 14 days or the case will be dismissed, and all previously set dates were vacated.
Why it matters
Even under OAH's liberal pleading standard, a complaint that only says a school 'is not helping' a child must name the child's specific unmet needs and explain why the placement fails to meet them. Parents without a lawyer can ask OAH for a mediator to help them identify issues before they amend.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(D)
- 20 U.S.C. § 1415(c)(2)(E)(i)(II)
- Ed. Code, § 56505
- Sen. Rep. No. 108-185
- 71 Fed.Reg. 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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013071251
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
TWIN RIVERS UNIFIED SCHOOL COMPLAINT
DISTRICTS.
On July 29, 2013 Parent on behalf of Student (Student) filed with the Office of Administrative Hearings (OAH) a Due Process Hearing Request 1 (complaint) naming the Twin Rivers Unified School District (District) as respondent.
Student’s complaint contains a sole issue stated thusly: “I would like to take my daughter out of that school. That school is not helping her with her educational needs. She needs more help. Since she entered that school she started exhibiting bad behavior. She leaves class every day. She has started being aggressive towards her sister.” As a resolution, Student requests placement in a different school where she can receive instruction in accordance with her special needs.
On August 12, 2013, the District filed a Notice of Insufficiency (NOI) as to Student’s complaint. The District contends that the complaint is not sufficient as it fails to allege any statements as to Student’s unique needs and how these needs are not being met at Student’s current placement.
APPLICABLE LAW
The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. 2 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).
1 A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under Title 20 United States Code section 1415(b)(7)(A).
2 20 U.S.C. § 1415(b) & (c).
A complaint is sufficient if it contains: (1) a description of the nature of the problem of the child relating to the proposed initiation or change concerning the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education (FAPE) to the child; (2) facts relating to the problem; and (3) a proposed resolution of the problem to the extent known and available to the party at the time. 3 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. 4 The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” 5 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. 6 Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. 7
DISCUSSION
Student’s complaint alleges a single claim in the complaint, which is insufficiently pled as discussed below.
Student’s complaint is insufficiently pled in that it fails to provide the District with the required notice of a description of the problem and the facts relating to the problem.
3 20 U.S.C. § 1415(b)(7)(A)(ii)(III) & (IV).
4 See, H.R.Rep. No. 108-77, 1st Sess. (2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.
5 Sen. Rep. No. 108-185, supra, at p. 34.
6 Alexandra R. v. Brookline School Dist. (D.N.H., Sept. 10, 2009, No. 06-cv-0215- JL) 2009 WL 2957991 at p.3 [nonpub. opn.]; Escambia County Board 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, No. 8:04CV2657T24EAJ) 2005 WL 2850076 at p. 3[nonpub.
opn.] ; but cf. M.S.-G. v. Lenape Regional High School Dist. (3d Cir. 2009) 306 Fed.Appx.
772, at p. 3[nonpub. opn.].
7 Assistance to States for the Education of Children With Disabilities and Preschool Grants for Children With Disabilities, 71 Fed.Reg. 46540-46541, 46699 (Aug. 14, 2006).
Student must state which of her unique needs are not being met because of her current placement at Foothill Middle School and why these unique needs are not being met.
MEDIATOR ASSISTANCE FOR NON-REPRESENTED PARENTS: A parent who is not represented by an attorney may request that the Office of Administrative Hearings (OAH) provide a mediator to assist the parent in identifying the issues and proposed resolutions that must be included in a complaint 8Parents are encouraged to contact OAH for assistance if they intend to amend their due process hearing request.
ORDER
1. Student’s complaint is insufficiently pled under section Title 20 United States
Code 1415(c)(2)(D).
2. Student shall be permitted to file an amended complaint under Title 20 United
States Code section 1415(c)(2)(E)(i)(II). 9
3. The amended complaint shall comply with the requirements of Title 20 United
States Code section 1415(b)(7)(A)(ii), and shall be filed not later than 14 days from the date of this order.
4. If Student fails to file a timely amended complaint, the complaint will be
dismissed.
5. All dates previously set in this matter are vacated.
Dated: August 14, 2013 /s/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings 8 Ed. Code, § 56505.
9 The filing of an amended complaint will restart the applicable timelines for a due process hearing.