California OAH special education order · February 6, 2014
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2014010898 · ALJ Susan Ruff
OAH found Student's complaint insufficient because it did not allege facts about ABC Unified, did not separate claims between the two named districts, and did not state a clear basis or remedy.
Summary
ABC Unified School District filed a notice of insufficiency challenging Student's due process complaint, which named both Norwalk-La Mirada Unified and ABC Unified. Student had filed no proof of service, and the District apparently learned of the case only when OAH sent it an amended scheduling order on January 29, 2014, so OAH found the notice timely. OAH found the complaint insufficient because it alleged no facts about ABC Unified, did not make clear which allegations applied to which district, and did not clearly state the basis for the complaint or the remedy sought. Student was given 14 days to file an amended complaint or face dismissal, and all dates were vacated.
Why it matters
When a complaint names more than one district, parents should spell out which facts and claims apply to each district and state a clear proposed remedy. Self-represented parents can ask OAH for a mediator to help identify the issues and remedies before amending.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(C)
- 20 U.S.C. § 1415(c)(2)(E)(i)(II)
- Ed. Code, § 56502, subd. (d)(1)
- Ed. Code, § 56505
- Escambia County Board of Educ. v. Benton (S.D.Ala. 2005) 406 F.Supp.2d 1248
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. 2014010898
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
NORWALK-LA MIRADA UNIFIED COMPLAINT
SCHOOL DISTRICT; ABC UNIFIED
SCHOOL DISTRICT.
On January 17, 2014, Student’s parent on behalf of Student (Student) filed a due process hearing request 1 (complaint) naming the Norwalk-La Mirada Unified School District and the ABC Unified School District.
On February 6, 2014, the ABC Unified School District (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 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).
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 filed the complaint on January 17, 2014, but did not file a proof of service showing when the document was served on the ABC Unified School District. Normally, a district must file a notice of insufficiency within 15 days of receiving the due process request. 8 In this case, it appears that the District did not have notice of Student’s filing until OAH sent an amended scheduling order to the District on January 29, 2014. Therefore, the NOI was timely filed.
Student’s complaint does not sufficiently allege any facts regarding this District. It is unclear which of Student’s allegations pertain to each of the two school districts named in the complaint. It is also unclear exactly what the basis for Student’s complaint is and what proposed remedy Student’s parent wishes to obtain at the hearing. Student’s parent will have to amend the complaint before this matter can proceed to hearing.
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).
8 20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).
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. 9 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 section 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). 10
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: February 6, 2014 /s/
SUSAN RUFF
Administrative Law Judge Office of Administrative Hearings 9 Ed. Code, § 56505.
10 The filing of an amended complaint will restart the applicable timelines for a due process hearing.