California OAH special education order · April 5, 2015
Order of Determination of Insufficiency of Due Process Complaint
OAH Case No. 2016031329 · ALJ Paul H. Kamoroff
OAH found Student's six-issue complaint insufficient because the issues were disjointed and vague, failing to identify specific District actions, when they occurred, or how they denied a FAPE.
Summary
Student's complaint against San Francisco Unified School District was filed in Spanish and translated by OAH. District challenged it with a Notice of Insufficiency. OAH agreed that all six issues were disjointed and too vague to let District respond, because none identified a specific District action, when it happened, or how it denied Student a free appropriate public education. Student was given 14 days to amend with specific facts about eligibility, unique needs, what happened, when, and for how long.
Why it matters
Even under liberal pleading rules, a complaint must tie each issue to specific facts, dates, and the resulting denial of FAPE. Parents without lawyers can ask OAH for a mediator to help them frame their issues before amending.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)
- Ed. Code, § 56502, subd. (d)(1)
- Ed. Code, § 56505
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 FR 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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016031329 v. ORDER OF DETERMINATION OF
INSUFFICIENCY OF DUE PROCESS
SAN FRANCISCO UNIFIED SCHOOL COMPLAINT
DISTRICT.
On March 21, 2016, Parent on behalf of Student filed with the Office of Administrative Hearings a Due Process Hearing Request naming the San Francisco Unified School District.
On March 31, 2016, District timely submitted 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).
The complaint is deemed sufficient unless a party notifies the Office of Administrative Hearings and the other party in writing within 15 days of receiving the complaint that the party believes the complaint has not met the notice requirements.
(20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).)
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 1 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).
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. (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 was submitted in Spanish and translated into English by OAH.
Student’s complaint alleges six issues. Student’s issues are disjointed and fail to identify a specific problem or action by District which resulted in a denial of a free appropriate public education, or when such conduct occurred. Each issue is overly vague, insufficiently pled, and fails to provide enough information to permit District to respond to the claims.
District’s Notice of Insufficiency is granted with leave to amend. If Student amends, the complaint shall include specific facts describing Student’s eligibility for special education and his unique needs, when the actions complained of occurred, what occurred, and how and for what time period those actions denied Student access to a free appropriate public education.
MEDIATOR ASSISTANCE FOR NON-REPRESENTED PARENTS: A parent who is not represented by an attorney may request that OAH provide a mediator to assist the parent in identifying the issues and proposed resolutions that must be included in a complaint.2 Parents are encouraged to contact OAH for assistance if they intend to amend their due process hearing request.
2 Ed. Code, § 56505.
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).3
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 timely file an amended complaint, the complaint will be
dismissed.
5. All dates previously set in this matter are vacated.
DATE: April 5, 2015
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings 3 The filing of an amended complaint will restart the applicable timelines for a due process hearing.