California OAH special education order · August 9, 2019

Order of Determination of Sufficiency of Due Process Complaint

OAH Case No. 2019071222 · ALJ Penelope S. Pahl

OAH found Student's complaint insufficient as to Placer County SELPA because it alleged no facts showing any IDEA or California special education violation by the SELPA.

Denied Sufficiency of complaint

Summary

Placer County SELPA filed a Notice of Insufficiency challenging Student's due process complaint, which named both Rocklin Unified School District and the SELPA. The ALJ found the complaint alleged no facts stating any IDEA or state special education violation against the SELPA, so the SELPA could not understand the claims or prepare a defense. Student was given 14 days to file an amended complaint. If Student does not amend, the SELPA will be dismissed and the case will proceed against Rocklin Unified only.

Why it matters

Naming a SELPA or other agency as a respondent is not enough. The complaint must allege specific facts about what that agency did or failed to do, or the agency can be dropped from the case. Parents without lawyers can ask OAH for a mediator to help identify issues and proposed resolutions 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
  • Sen. Rep. No. 108-185
  • 71 Fed. Reg. 46,540-46541, 46699

Topics

sufficiency selpa notice of insufficiency leave to amend multiple respondents

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,

v.

ROCKLIN UNIFIED SCHOOL DISTRICT AND

PLACER COUNTY SELPA.

OAH CASE NUMBER 2019071222

ORDER OF DETERMINATION OF SUFFICIENCY OF DUE PROCESS

COMPLAINT

On July 30, 2019, Parent on behalf of Student, who shall be referred to as Student, filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings naming Rocklin Unified School District and Placer County Special Education Local Plan Area as respondents. A Special Education Local Plan Area is often called a SELPA. On August 8, 2019, Placer County SELPA filed a Notice of Insufficiency as to the complaint.

APPLICABLE LAW

The named parties have the right to challenge the complaint’s sufficiency.

(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: (1) describes the problem relating to the proposed change regarding the Student’s identification, evaluation, or educational placement, or providing the Student a free appropriate public education; (2) includes facts about the problem; and (3) includes a proposed resolution 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 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 has failed to allege any facts in his complaint stating a violation of the Individuals with Disabilities in Education Act, also known as IDEA, or any violation of a California special education law against the Placer County SELPA. As a result, the complaint is insufficient as to Placer County SELPA as it fails to provide Placer County SELPA with an understanding of the claims being asserted against it that would allow the SELPA to prepare a defense.

MEDIATOR ASSISTANCE FOR NON-REPRESENTED PARENTS: A parent without 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 Placer 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). 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.

3. If Student fails to file a timely amended complaint to state claims against

Placer County SELPA, the SELPA will be dismissed as a party and the complaint will proceed against Rocklin Unified School District only.

IT IS SO ORDERED.

DATED: August 9, 2019 Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings