California OAH special education order · February 16, 2017
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2017011150 · ALJ Tara Doss
OAH found Student's complaint insufficient because the copy served on District left out the attachment page describing the placement problem and supporting facts, so District lacked notice of the issues.
Summary
District filed a Notice of Insufficiency arguing Student's due process complaint identified no issues for hearing. The complaint filed with OAH included a four-page attachment, one page of which challenged District's proposal to move Student to its Autism and Magnet program. That page was not included in the copy served on District, so District did not receive adequate notice of the issues. OAH deemed the complaint insufficient, gave Student 14 days to file an amended complaint, required Student to serve an exact copy on District with a proof of service, and vacated all dates.
Why it matters
A complaint can be well pled and still be found insufficient if the other side is not served every page, so families should serve an exact copy of everything filed and keep proof of service. OAH noted the missing page would have been enough to put District on notice.
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, § 56505
- Sen. Rep. No. 108-185
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
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. 2017011150 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
MT. DIABLO UNIFIED SCHOOL COMPLAINT
DISTRICT.
On January 30, 2017 Student filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming District. On February 14, 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.)
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 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).
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
District’s Notice of Insufficiency argues the complaint did not identify any issues for hearing.
Student used the Office of Administrative Hearings’ Request for Mediation and Due Process Hearing form for the complaint. Student did not describe the issues forming the basis of the complaint on the form itself. Instead, on the form, under “Problem/Complaint #1,” Student stated “See attached” and filed a four-page attachment, including one page that described the nature of the problem related to Student’s educational placement and the facts related to that problem.2 However, District’s Notice of Insufficiency establishes that Student only provided District with the form and a three-page attachment, but did not include the page of the attachment that described the nature of the problem and the facts related to that problem.
Because it appears that Student did not provide all the pages of the complaint to District, District did not receive sufficient notice of the issues forming the basis of the complaint.
Therefore, Student’s complaint is deemed insufficient.
A parent who is not represented by an attorney may request that the Office of Administrative Hearings provide a mediator to assist the parent in identifying the issues and proposed resolutions that must be included in a complaint. (Ed. Code, § 56505.) Parents are encouraged to contact the Office of Administrative Hearings for assistance if they intend to amend their due process hearing request.
2 One of the pages attached to the complaint filed with OAH alleged the District’s proposal to change Student’s placement to the District’s Autism and Magnet program did not offer a free appropriate public education to Student. Had this page of the attachment been served on District, the facts pled therein would be sufficient to put District on notice of the issues forming the basis of the complaint.
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 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. Student shall provide to District an exact copy of the complaint and
attachments filed with OAH, and shall also file a “proof of service” document attesting that Student has done so.
5. If Student fails to file a timely amended complaint, the complaint will be
dismissed.
6. All dates previously set in this matter are vacated.
DATE: February 16, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings 3 The filing of an amended complaint will restart the applicable timelines for a due process hearing.