California OAH special education order · March 16, 2021
Order of Determination of Insufficiency of Due Process Complaint
OAH Case No. 2021030225 · ALJ Jennifer Kelly
OAH found both issues in Student's complaint insufficient because they gave no dates, school years, or specific IEPs, and Issue Two proposed no resolution; Student may amend within 14 days.
Summary
Garden Grove filed a notice of insufficiency challenging Student's due process complaint. OAH found Issue One, about a change of placement without Parent's consent and missing notice, gave no dates, no specific IEP or meeting details, and did not say what notice was required. Issue Two, about a goal not in the IEP and an unneeded class, also lacked a school year or relevant IEP and proposed no resolution. Student was given 14 days to file an amended complaint or face dismissal.
Why it matters
Even under a liberal pleading standard, a complaint has to tie each claim to a specific IEP, meeting, or school year and propose a resolution. Parents without lawyers can ask OAH for a mediator to help them draft the issues and remedies.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(D)
- Ed. Code, § 56505
- 71 FR 46540-46541, 46699
- 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,
v.
GARDEN GROVE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021030225
ORDER OF DETERMINATION OF INSUFFICIENCY OF
DUE PROCESS COMPLAINT
MARCH 16, 2021
On March 2, 2021, Parent on behalf of Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Garden Grove Unified School District, referred to as Garden Grove. On March 15, 2021, Garden Grove 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
The complaint generally refers to events occurring during 2018 when Student allegedly moved into the boundaries of Garden Grove. The allegations of the complaint fail to identify the issues and adequate facts about the problem to put Garden Grove on notice as to the basis of Student’s claims.
Issue One appears to allege that Student’s educational placement was changed without Parent’s consent. Issue One fails to state when the alleged change of placement occurred, nor does it state the date of any particular Individualized Education Program, IEP at issue. Issue One further refers to an “annual meeting” that was held but fails to state the date of the alleged meeting, the applicable school year when it occurred or generally describe the substance of the meeting.
Issue One asserts that Garden Grove failed to provide Parent with some type of notice. The complaint does not allege what type of notice should have been provided, the event that triggered the requirement of a notice, or when these events occurred.
Issue One is insufficiently pled because it fails to identify the issues and adequate facts about the problem to permit inform Garden Grove to respond and participate in a resolution session and mediation.
Issue Two alleges that Student is working on a goal that is not part of her IEP. It further alleges that Student is taking a class that is not required. Like Issue One, Issue Two fails to identify the school year when these events occurred or identify the relevant
IEP.
Finally, Issue Two fails to allege a proposed resolution of the problem. A complaint is required to include proposed resolutions to the problem, to the extent known and available to the party at the time. (20 U.S.C. §1415(b)(7)(A)(ii)(IV).) Student has failed to meet the statutorily required standard regarding proposed resolutions.
Issue Two is insufficiently pled to inform Garden Grove of the nature of the dispute.
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. Issues One and Two of Student’s complaint are 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)(D).
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.
4. If Student fails to timely file an amended complaint, the complaint will be
dismissed.
IT IS SO ORDERED.
Jennifer Kelly Administrative Law Judge Office of Administrative Hearings