California OAH special education order · April 2, 2021
Order of Determination of Insufficiency of Due Process Complaint
OAH Case No. 2021030667 · ALJ Cynthia Fritz
OAH found all three of Student's issues insufficient because they did not give IEP dates, time periods, or supporting facts, and gave Student 14 days to file an amended complaint.
Summary
Santa Ana filed a timely Notice of Insufficiency arguing Student's complaint was unclear, lacked specificity, and raised claims outside OAH's jurisdiction. OAH found all three issues insufficiently pled. The failure-to-implement claim did not identify the IEP, the time period, or what was not implemented. The assault claim did not tie the incident to a denial of a free appropriate public education or give a time period, and the failure-to-hold-an-IEP-meeting claim lacked a time period and supporting facts. Student may file an amended complaint within 14 days or the case will be dismissed, and all dates were vacated.
Why it matters
A due process complaint must name the specific IEP, the time period, and what went wrong, and an incident like an assault must be tied to a denial of FAPE to be heard at OAH. Parents without attorneys 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)
- Ed. Code § 56502, subd. (d)(1)
- Ed. Code § 56505
- 71 Fed. Reg. 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,
v.
SANTA ANA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021030667
ORDER OF DETERMINATION OF INSUFFICIENCY OF DUE
PROCESS COMPLAINT
APRIL 2, 2021
On March 19, 2021, Student filed a due process hearing request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Santa Ana Unified School District, called Santa Ana. On March 30, 2021, Santa Ana 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).
The complaint is deemed sufficient unless a party notifies OAH and the other party in writing within 15 days of receiving the complaint that the party believes the complaint has not met the notice requirements. (20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).)
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 filed the complaint on March 19, 2021. Santa Ana filed its Notice of Insufficiency on March 30, 2021. Thus, Santa Ana's Notice of Insufficiency was timely filed.
Student alleged three issues in the complaint. Santa Ana contends that Student's complaint is insufficient because it is unclear, lacks specificity, and includes claims outside of OAH's jurisdiction. The undersigned administrative law judge finds all of Student's issues insufficiently pled.
With respect to issue one, Student contended that Santa Ana failed to implement Student's individual education program, called IEP, but did not specify the IEP date, the time period at issue, or what Santa Ana failed to implement. Thus, issue one failed to provide Santa Ana with the required description and facts related to the problem to put it on notice of this issue. Accordingly, Student's issue one is insufficient.
Student's issue two maintained that Student was assaulted on school grounds but does not state a claim related to a violation of a free appropriate public education or a time period. Thus, issue two is insufficiently pled.
Issue three alleges that Santa Ana failed to hold an IEP team meeting but does not specify the time period at issue or specific facts supporting the contention.
Student's issue three does not give Santa Ana the requisite information to participate in mediation and a hearing. Accordingly, Student's issue three is insufficient.
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 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).
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.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings