California OAH special education order · February 21, 2019
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2019020331 · ALJ Rita Defilippis
OAH found all three of Student's claims against Orcutt insufficiently pled because they were vague, confusing, and lacked facts, and gave Student 14 days to amend.
Summary
Orcutt filed a notice of insufficiency challenging Student's due process complaint. OAH found all three issues insufficient. The first was confusing because its proposed resolution named a different student. The second described classroom behavior without stating a FAPE claim, and the third ("Long day and no IEP services allowed. Discrimination") gave too little information for Orcutt to prepare for a resolution session or hearing. Student may file an amended complaint within 14 days or the case will be dismissed, and all dates were vacated.
Why it matters
Even under liberal pleading standards, a complaint must clearly identify the student, describe the problem with supporting facts, and tie each issue to a FAPE claim. Parents without a lawyer can ask OAH for a mediator to help frame issues before amending.
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
- Sen. Rep. No. 108-185
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. 2019020331 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
ORCUTT UNION SCHOOL DISTRICT. COMPLAINT
On February 8, 2019, Student filed a Due Process Hearing Request 1 (complaint) with the Office of Administrative Hearings naming Orcutt Union School District. On February 21, 2019, Orcutt 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 three claims in the complaint, which are all insufficiently pled as discussed below.
Student’s complaint is insufficiently pled in that it fails to provide Orcutt with the required notice of a description of the problem and the facts relating to the problem.
With respect to Issue One states that Student, a fifth grader, is not placed appropriately per FAPE leading to boredom, severe anxiety, depression, and behavioral issues. The proposed resolution for this issue requests that Student, referred to by a name different than the name listed in in the student information portion of Student’s complaint, attend class at the Jr. High or High School for part of the school day with pick up before lunch. This issue and proposed resolution is insufficiently plead as it is confusing as to the name of the student it refers to as inappropriately placed.
With respect to Issue Two, Student generally describes Student’s disruptive behavior in class as identified by his eighth grade history teacher described as calling out and not staying seated. This issue is vague and confusing, does not state a FAPE claim, and lacks facts to allow Orcutt to participate in a resolution session or hearing.
Student’s Issue Three states, “Long day and no IEP services allowed. Discrimination (FAPE and IDEA).” This claim lacks sufficient information to allow Orcutt to prepare for or participate in a resolution session or hearing.
Accordingly, Orcutt’s request to determine Student’s complaint insufficient is Granted.
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.) 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: February 21, 2019
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings 2 The filing of an amended complaint will restart the applicable timelines for a due process hearing.