California OAH special education order · August 7, 2014
Order of Determination of Insufficiency of Due Process Complaint
OAH Case No. 2014080029 · ALJ Paul H. Kamoroff
OAH found Student's entire complaint insufficient because it never said when the problems arose, which IEPs were disputed, or which assessments and services District failed to provide.
Summary
District filed a notice of insufficiency challenging Student's due process complaint. Student had alleged that District misidentified his eligibility category, failed to provide appropriate assessments, and failed to provide educational services. OAH found every claim too vague because the complaint gave no time frame, did not name the disputed IEPs, and did not identify the specific assessments or services at issue. Student was given 14 days to file an amended complaint or face dismissal, and all dates were vacated.
Why it matters
Even under liberal pleading rules, a complaint must list each issue separately with dates, the specific IEP, and the missing assessments or services. OAH's sample issue and fact statements give parents a useful model for drafting a complaint that will survive an insufficiency challenge.
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
- Escambia County Board of Educ. v. Benton (S.D.Ala. 2005) 406 F.Supp.2d 1248
- 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. 2014080029 v. ORDER OF DETERMINATION OF
INSUFFICIENCY OF DUE PROCESS
LONG BEACH UNIFIED SCHOOL COMPLAINT
DISTRICT.
On July 29, 2014, Parent on behalf of Student (Student) filed a Due Process Hearing Request 1 (complaint) naming the Long Beach Unified School District (District).
On August 5, 2014, 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 alleges various claims, which are all insufficiently pled. Student fails to describe a single claim with specificity. Student makes various allegations, including that District failed to correctly identify his area of eligibility, failed to provide appropriate assessments, and failed to provide educational services. However, Student fails to describe when these claims arose, which individualized education program(s) (IEP) he is disputing, or which assessment(s) and service(s) the District failed to provide. As a consequence, Student’s Complaint is overly vague.
Rather, Student should designate each allegation as a separate issue, and provide a description of the nature of a problem with Student’s special education for each issue. For example, “Issue One: The IEP dated September 23, 20XX should have offered two hours per week of individual speech therapy.” Student should also plead facts related to each problem.
For example, “Student has not made progress on his speech goals last year and he is difficult to understand. At the IEP meeting on September 23, 20XX, District only offered group speech therapy, which was insufficient to meet Student’s needs.”
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).
As submitted, 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.
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). 8
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 07, 2014
/S/
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings 8 The filing of an amended complaint will restart the applicable timelines for a due process hearing.