California OAH special education order · January 3, 2014
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2013120903 · ALJ Susan Ruff
OAH found Student's one-paragraph complaint insufficient because it did not say which District conduct denied a FAPE or when, and gave Parent 14 days to amend.
Summary
The District challenged the sufficiency of Parent's due process complaint, which described Student's school struggles and testing and asked for reimbursement of $4,000 for private assessments. OAH found the complaint insufficient. It was unclear whether Parent was claiming the District failed to assess appropriately, failed to find Student eligible for special education, or failed to find Student eligible under specific learning disability. Parent may file an amended complaint within 14 days, or the case will be dismissed, and all dates were vacated.
Why it matters
A complaint must name the specific District actions that allegedly denied a FAPE and when they happened, not just ask for a remedy like reimbursement. Parents without a lawyer can ask OAH for a mediator to help them identify their issues and proposed resolutions.
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
- Escambia County Board of Educ. v. Benton (S.D.Ala. 2005) 406 F.Supp.2d 1248
- 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. 2013120903
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
POWAY UNIFIED SCHOOL DISTRICT. COMPLAINT
On December 23, 2013, Student’s parent on behalf of Student (Student) filed a due process hearing request 1 (complaint) naming the Poway Unified School District (District).
On January 2, 2014, the District filed a notice of insufficiency (NOI) as to Student’s complaint.
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).
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 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).
3 20 U.S.C. § 1415(b)(7)(A)(ii)(III) & (IV).
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 contains one paragraph that discusses Student’s struggles in school as well as testing done by the District and assessors hired by Student’s parents. The remedy sought in the complaint is as follows: “We are asking for reimbursement of the $4,000 cost for this testing to support the case for an IEP.”
It is not clear whether Student’s parents intend to allege that the District denied Student a FAPE by: 1) failing to conduct appropriate assessments; 2) failing to find Student eligible for special education; and/or 3) failing to find Student eligible under the eligibility category of specific learning disability. At the moment, the complaint is not sufficient to meet the required legal standards. Student’s parents will be permitted to file an amended complaint to clarify which conduct by the District allegedly caused a denial of FAPE and when that conduct occurred.
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 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).
issues and proposed resolutions that must be included in a complaint 8 Student’s parents 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 Title 20 United States Code
section 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: January 3, 2014 /s/
SUSAN RUFF
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.