California OAH special education order · June 10, 2016
Order Finding Due Process Complaint Insufficient
OAH Case No. 2016060037 · ALJ Darrell Lepkowsky
OAH found Student's complaint insufficient because it alleged Duarte mishandled an assessment request without stating when, to whom, in what form, or for which assessments the request was made.
Summary
Duarte filed a Notice of Insufficiency challenging Student's complaint, which raised a single issue: whether Duarte failed to properly respond to the family's request for assessments. OAH found the complaint insufficient. It included no supporting facts, such as when Parents asked for assessments, who they asked, whether the request was in writing, or which assessments they wanted. Student was given 14 days to file an amended complaint or face dismissal, and all dates already set in the case were vacated.
Why it matters
A complaint about an ignored assessment request should state the date of the request, who received it, whether it was in writing, and which assessments were asked for. Without those basic facts, the case can be stalled or dismissed.
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
- Sen. Rep. No. 108-185
- 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. 2016060037 v. ORDER FINDING DUE PROCESS
COMPLAINT INSUFFICIENT
DUARTE UNIFIED SCHOOL DISTRICT.
On May 27, 2016, Student filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming the Duarte Unified School District. On June 9, 2016, Duarte timely 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 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 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).
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 one issue: whether Duarte failed to appropriately respond to the request by Student’s family for assessments. Student failed to include any facts in his complaint in support of this allegation. He fails to state when Parents requested assessments, to whom the request was made, if the request was in writing, and what specific assessments were requested. The complaint fails to provide Duarte with required notice of a description of the problem and the facts relating to the problem that would allow Duarte to participate in resolution or mediation sessions, or to defend itself against the allegation at a due process hearing. For these reasons, Student’s complaint is insufficient as presently pled.
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).2
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.
4. If Student fails to file a timely amended complaint, the complaint will be
dismissed.
2 The filing of an amended complaint will restart the applicable timelines for a due process hearing.
5. All dates previously set in this matter are vacated.
DATE: June 10, 2016
DARRELL LEPKOWSKY
Administrative Law Judge Office of Administrative Hearings