California OAH special education order · January 4, 2017
Order of Determination of Insufficiency of Due Process Complaint
OAH Case No. 2016120842 · ALJ Paul H. Kamoroff
OAH found Student's complaint insufficient because its single claim that District failed to meet Student's unique needs did not identify which needs went unaddressed; Student may amend within 14 days.
Summary
District filed a Notice of Insufficiency challenging Student's due process complaint, which raised one claim that District denied a free appropriate public education by failing to provide a program meeting all of Student's unique needs. OAH found that although the complaint gave a broad factual history and restated special education law, it never specified which unique needs District's program failed to address. The complaint therefore did not give District enough notice of the problem and supporting facts. Student was given 14 days to file an amended complaint or face dismissal, and all previously set dates were vacated.
Why it matters
A broad claim that a district failed to meet a child's 'unique needs' is not enough, even with a detailed background section. Parents should name each specific need the program failed to address and state the facts for each claim separately.
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016120842 v. ORDER OF DETERMINATION OF
INSUFFICIENCY OF DUE PROCESS
GARDEN GROVE UNIFIED SCHOOL COMPLAINT
DISTRICT.
On December 21, 2016, Parent on behalf of Student filed a Due Process Hearing Request1 with the Office of Administrative Hearings naming Garden Grove Unified School District. On January 3, 2017, District 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.)
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).
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 one claim, that District denied Student a free appropriate public education by failing to provide an educational program that met all of her unique needs. Student’s complaint provides a broad factual history, and a restatement of special education laws. Yet, Student’s sole claim fails to assert with any specificity which of Student’s unique needs District’s educational program failed to address.
Consequently, 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. Student should delineate each allegation separately and state facts relating to each claim. As presently plead, Student’s issue does not provide sufficient information for District to know how to prepare for the hearing and how to participate in resolution sessions and mediation.
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.
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, the complaint will be
dismissed.
5. All dates previously set in this matter are vacated.
DATE: January 4, 2017
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings