California OAH special education order · August 4, 2014
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2014071136 · ALJ Susan Ruff
OAH found Student's complaint insufficient because it did not clearly explain what Chino did wrong or give supporting facts, and gave Student 14 days to file an amended complaint.
Summary
Chino filed a notice of insufficiency challenging Student's due process complaint. OAH agreed that the complaint was insufficient: it was unclear what Chino allegedly did wrong, though the dispute appeared to involve a disciplinary action. Student may file an amended complaint within 14 days or the case will be dismissed, and all previously set dates were vacated. OAH encouraged the self-represented parent to request an OAH mediator to help identify issues and proposed resolutions.
Why it matters
A complaint must describe the problem, the facts behind it, and a proposed resolution, even when a parent files without a lawyer. Parents without an attorney can ask OAH for a mediator's help in drafting an amended 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, § 56505
- Ed. Code, § 56502
- 71 Fed.Reg. 46540-46541, 46699 (Aug. 14, 2006)
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. 2014071136 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
CHINO VALLEY UNIFIED SCHOOL COMPLAINT
DISTRICT.
On July 24, 2014, Student’s parent on behalf of Student filed a due process hearing request 1 (complaint) naming the Chino Valley Unified School District (Chino).
On August 1, 2014, Chino 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
It is not clear from Student’s complaint what Student alleges that Chino did wrong.
Based on the papers submitted, it appears that the dispute may involve a disciplinary action taken by Chino against Student. However, the complaint needs a more complete description of the alleged wrongdoing and a statement of the facts upon which the claims against Chino are based.
A parent who is not represented by an attorney may request that the Office of Administrative Hearings provide a mediator to assist the parent in identifying the issues and proposed resolutions that must be included in a complaint. 8 Student’s parent is encouraged to contact OAH for assistance if Student’s parent intends to amend the due process hearing request.
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 Ed. Code, § 56505.
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.
DATE: August 4, 2014
/S/
SUSAN RUFF
Administrative Law Judge Office of Administrative Hearings 9 The filing of an amended complaint will restart the applicable timelines for a due process hearing.