California OAH special education order · October 16, 2017
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2017100386 · ALJ Tara Doss
OAH found Student's complaint insufficient because its forms and handwritten pages did not clearly describe the problems or supporting facts, and gave Student 14 days to amend.
Summary
District challenged the sufficiency of Student's due process complaint and also moved to dismiss it. The complaint was made up of an OAH form, a California Department of Education complaint-investigation form, and five handwritten pages addressed to the U.S. State Board of Education. OAH found it did not clearly describe the problems with Student's free appropriate public education or the facts behind them, so District could not prepare for a resolution session, mediation, or hearing. Student may file an amended complaint within 14 days or the case will be dismissed. District's motion to dismiss is moot, all dates are vacated, and Parent was encouraged to ask OAH for a mediator's help in drafting the amended complaint.
Why it matters
Parents filing without a lawyer should clearly list each problem, the facts behind it, and the remedy they want. Under Education Code section 56505, they can ask OAH for a mediator to help frame the issues before refiling.
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
- 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. 2017100386 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
ANTELOPE VALLEY UNION HIGH COMPLAINT
SCHOOL DISTRICT.
On October 9, 2017, Student filed a request for due process hearing with the Office of Administrative Hearings, naming Antelope Valley Union High School District. On October 16, 2017, District timely filed a Notice of Insufficiency as to Student’s complaint.1
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 District also filed a Motion to Dismiss Student’s complaint on October 16, 2017.
This order determines Student’s complaint is insufficiently pled and permits Student to file an amended complaint. Therefore District’s Motion to Dismiss is moot.
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 is insufficiently pled. Student’s complaint consists of (1) the OAH form used for a request for due process hearing; (2) the California Department of Education form used for a request for complaint investigation; and (3) five handwritten pages addressed to the U.S. State Board of Education. The complaint does not clearly describe the nature of the problem(s) related to provision of a free appropriate public education to Student or facts related to the problem(s). The complaint does not provide District with sufficient information to know how to prepare for, and participate in a resolution session, mediation, or due process hearing.
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. (Ed. Code, § 56505.) Parent is encouraged to contact OAH for assistance with filing an amended request for due process hearing.
ORDER
1. Student’s complaint is insufficiently pled under title 20 United States Code
section 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 United
States Code 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: October 16, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings