California OAH special education order · July 5, 2017
Order Determining Complaint to Be Insufficient as Pled
OAH Case No. 2017061016 · ALJ Darrell Lepkowsky
OAH found Student's complaint insufficient because it gave no dates or specific facts about when special education ended, which two subjects were not taught, or how a failed settlement denied her an education.
Summary
District filed a notice of insufficiency against Student's one-issue complaint. The complaint alleged that District kept Student in special education a year too long, did not teach her two subjects while she was in special education, and failed to follow through on a settlement. OAH found the complaint insufficient because it gave no dates, did not name the two subjects, and did not explain how the failed settlement denied Student a free appropriate public education. Student was given 14 days to file an amended complaint or face dismissal, and all dates were vacated.
Why it matters
Even under the liberal pleading standard, a complaint must include basic dates and specific facts, such as which services were missed and when, so the district knows what it has to defend. Parents without a lawyer can ask OAH for a mediator to help them draft or amend their complaint.
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 (2003)
- 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. 2017061016 v. ORDER DETERMINING COMPLAINT
TO BE INSUFFICIENT AS PLED
CAJON VALLEY UNION SCHOOL
DISTRICT.
On June 21, 2017, Parent on behalf of Student filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming the Cajon Valley Union School District. On June 29, 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, 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).
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 contains one issue. In this issue, Student states that she is presently entering seventh grade. She states that she became eligible for special education while in third grade, but that her parents revoked special education eligibility two years later.
Student then states that while in special education, she did not receive education in two subjects, and that District kept her in special education a year longer than she should have been. Student also asserts that her parents have attempted to settle matters with District but that District has failed to follow through with the settlement.
Student’s complaint fails to give any dates or other specific facts to support her contentions. She does not state exactly when parents revoked special education eligibility or when District exited Student from special education. Student does not state in which two subjects District failed to provide her an education, and does not state when this occurred.
Student fails to give specific facts as to how District failed to provide her with a free appropriate public education.
Regarding the alleged settlement process, Student does not state how District’s failure to finalize a settlement denied her a free appropriate public education or in some way interfered with her ability to access her education.
For these reasons, Student’s complaint is insufficient as it is presently worded because it fails to provide District with the required notice of a description of the problem and the facts relating to the problem.
Parents who are not represented by an attorney may request that OAH provide a mediator to assist the parents in identifying the issues and proposed resolutions that must be included in a complaint. (Ed. Code, § 56505.) Parents are encouraged to contact OAH for assistance if they intend to amend their due process hearing request.
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.
5. All dates previously set in this matter are vacated.
DATE: July 5, 2017
DARRELL LEPKOWSKY
Administrative Law Judge Office of Administrative Hearings 2 The filing of an amended complaint will restart the applicable timelines for a due process hearing.