California OAH special education order · December 22, 2015
Order of Determination of Sufficiency of Due Process Complaint, Northeast Orange County Special Education Local Planning Area
OAH Case No. 2015120595 · ALJ Robert Helfand
OAH found Student's complaint insufficient as to the Northeast Orange County SELPA because none of its five issues made any allegations about SELPA, and gave Student 14 days to amend.
Summary
Student's due process complaint named Brea-Olinda Unified School District, the Northeast Orange County SELPA, and the Orange County Office of Education. SELPA filed a notice of insufficiency. OAH found that none of the complaint's five issues made any allegations about SELPA, so the complaint did not give SELPA notice of the problem or the facts behind it. Student may file an amended complaint within 14 days; if Student does not, SELPA will be dismissed and the case will go forward against Brea-Olinda and the County.
Why it matters
Each agency named in a due process complaint must be tied to specific problems and facts. Naming a SELPA or county office without allegations against it invites a sufficiency challenge and that agency's dismissal.
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 Bd. 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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2015120595 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
BREA-OLINDA UNIFIED SCHOOL COMPLAINT, NORTHEAST ORANGE
DISTRICT, NORTHEAST ORANGE COUNTY SPECIAL EDUCATION
COUNTY SPECIAL EDUCATION LOCAL LOCAL PLANNING AREA
PLANNING AREA, AND ORANGE
COUNTY OFFICE OF EDUCATION.
On December 11, 2015 Parents on behalf of Student filed with the Office of Administrative Hearings a Due Process Hearing Request (complaint), naming Brea-Olinda Unified School District, Northeast Orange County Special Education Local Planning Area (SELPA), and Orange County Office of Education. On December 21, 2015, SELPA filed a Notice of Insufficiency 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. (20 U.S.C. § 1415(b) & (c).) 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 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. (20 U.S.C.
§ 1415(b)(7)(A)(ii)(III) & (IV).) These requirements prevent vague and confusing complaints, and promote fairness by providing the named parties with sufficient information A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under title 20 U.S.C. section 1415(b)(7)(A).
to know how to prepare for the hearing and how to participate in resolution sessions and mediation. (See H.R.Rep. No. 108-77, 1st Sess. (2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.)
The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” (Sen. Rep. No. 108-185, supra, at p. 34.) 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. (Alexandra R. ex rel. Burke v. Brookline School Dist. (D.N.H., Sept. 10, 2009, CIV. 06-CV-0215-JL) 2009 WL 2957991[nonpub. opn.]; Escambia County Bd. 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, 8:04CV2657T24EAJ) 2005 WL 2850076 [nonpub. opn.]; but cf. M.S.-G v. Lenape Regional High School Dist. Bd. of Educ. (3d Cir. 2009) 306 Fed.Appx.
772, 775 [nonpub. opn.].) Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. (Assistance to States for the Educ. of Children with Disabilities & Preschool Grants for Children with Disabilities (Aug. 14, 2006) 71 FR 46,540-46541, 46699.)
DISCUSSION
Student’s complaint alleges five issues. None of the issues allege any allegations related to SELPA. Thus, Student’s complaint is insufficiently pled in that it fails to provide SELPA with the required notice of a description of the problem and the facts relating to the problem to put SELPA on notice as to the issues for hearing.
ORDER
1. Student’s complaint is insufficiently pled as to SELPA 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).
3. The amended complaint shall comply with the requirements of title 20 U.S.C.
section 1415(b)(7)(A)(ii), and shall be filed not later than 14 days from the date of this order.
2 The filing of an amended complaint will restart the applicable timelines for a due process hearing.
4. If Student fails to file a timely amended complaint, SELPA will be dismissed
and the Complaint will proceed as to Brea-Olinda and County.
DATE: December 22, 2015
/S /
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings