California OAH special education order · April 3, 2014
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2014031046 · ALJ Clifford H. Woosley
OAH found Student's transportation complaint insufficient because it gave no facts showing how District's transportation to the nonpublic placement was unsafe, unreliable, or inappropriate. Student may amend within 14 days.
Summary
Student filed a due process complaint against Carlsbad Unified School District and North Coastal Consortium for Special Education. The complaint's only issue was that District refused to provide safe, reliable, and appropriate transportation to and from Student's nonpublic placement. Student asked for an order letting Parent arrange private transportation at District's expense. District filed a notice of insufficiency, and OAH agreed because the complaint described no facts about how the transportation was unsafe, unreliable, or inappropriate; Student was given 14 days to file an amended complaint or face dismissal.
Why it matters
Even under liberal pleading standards, a complaint must include concrete facts behind its labels, such as what made transportation unsafe or unreliable. Unrepresented parents can ask OAH for a mediator to help them draft a sufficient complaint.
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, § 56502
- 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. 2014031046
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
CARLSBAD UNIFIED SCHOOL COMPLAINT
DISTRICT AND NORTH COASTAL
CONSORTIUM FOR SPECIAL
EDUCATION
On March 26, 2014, Parent on behalf of Student (Student) filed a Due Process Hearing Request 1 (complaint) naming Carlsbad Unified School District (District) and North Coastal Consortium for Special Education (NCCSE).
On March 28, 2014, District timely filed a Notice of Insufficiency (NOI) as to Student’s complaint.
For the reasons discussed below, the Student’s complaint is insufficiently pled.
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
Here, the Student’s sole issue states “District refuses to provide safe, reliable and appropriate transportation to and from the non-public placement.” As a resolution, Student seeks an order that allows Parent to secure private transportation, at District’s expense.
Student’s complaint is insufficiently pled, as discussed below.
The law requires a description of the nature of the problem, facts relating to the problem, and a proposed resolution. Here, the complaint provides no facts that describe how the transportation is unsafe, unreliable, or inappropriate.
Student’s complaint is insufficiently pled in that it fails to provide District with the required notice of a description of the problem and the facts relating to the problem.
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 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 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 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.
DATE: April 03, 2014 /s/
CLIFFORD H. WOOSLEY
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.