California OAH special education order · March 14, 2019
Order of Determination of Insufficiency of Due Process Complaint as to Nevada County Special Education Local Plan Area
OAH Case No. 2019030149 · ALJ Paul H. Kamoroff
OAH found Student's complaint insufficient as to Nevada County SELPA because it alleged no claims against the SELPA and no facts showing it was responsible for or served Student.
Summary
Nevada County SELPA challenged the sufficiency of Student's due process complaint, which named Yuba River Charter School, the SELPA, and Nevada County Charter Services Authority. The complaint raised 15 claims against the charter school but none against the SELPA. It also did not explain whether the SELPA was a responsible local educational agency or had ever provided Student special education or services. OAH found the complaint insufficient as to the SELPA, gave Student 14 days to amend, and said the case would otherwise be dismissed as to the SELPA and go forward against the remaining parties.
Why it matters
Naming an agency in a complaint is not enough. Families must state specific claims and facts showing why each named agency, such as a SELPA, is responsible, or that agency can be dropped from the case.
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
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2019030149 v. ORDER OF DETERMINATION OF
INSUFFICIENCY OF DUE PROCESS
YUBA RIVER CHARTER SCHOOL, COMPLAINT AS TO NEVADA
NEVADA COUNTY SPECIAL COUNTY SPECIAL EDUCATION
EDUCATION LOCAL PLAN AREA AND LOCAL PLAN AREA
NEVADA COUNTY CHARTER
SERVICES AUTHORITY.
On March 4, 2019, Parents on behalf of Student filed a Due Process Hearing Request1 with the Office of Administrative Hearings, naming Yuba River Charter School, Nevada County Special Education Local Plan Area, and Nevada County Charter Services Authority. On March 14, 2019, Nevada County SELPA 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 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).
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 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 15 claims against Yuba River Charter Schools. However, the complaint fails to allege any claims against Nevada County SELPA. The complaint also fails describe that Nevada County SELPA was a responsible local educational agency for Student or that Nevada County SELPA provided special education or related services to Student at any time.
Consequently, the complaint is insufficiently pled as to Nevada County SELPA, in that it fails to provide Nevada County SELPA with the required notice of a description of the problem and the facts relating to the problem.
MEDIATOR ASSISTANCE FOR NON-REPRESENTED PARENTS: 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 as to Nevada County SELPA 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 as to Nevada County SELPA, and proceed against the remaining parties.
5. This matter shall proceed as scheduled against the remaining parties as
presently scheduled.
DATE: March 14, 2019
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings 2 The filing of an amended complaint will restart the applicable timelines for a due process hearing.