California OAH special education order · July 23, 2021
Order Finding Due Process Complaint Insufficient
OAH Case No. 2021070422 · ALJ Alexa Hohensee
OAH found Student's complaint insufficient because it made no allegations against SELPA, the only named respondent, and instead described only actions by Language Academy staff; Student may amend within 14 days.
Summary
El Dorado County SELPA, the only respondent named in Student's due process complaint, filed a notice of insufficiency. OAH found that the complaint described only actions or inactions by staff at Language Academy and identified Sacramento County Unified School District as Student's district of residence, but contained no allegations against SELPA at all. Student was given 14 days to file an amended complaint, and the complaint will be dismissed if no timely amendment is filed. All previously set dates were vacated.
Why it matters
A complaint must state facts showing what the named agency itself did or failed to do; naming the wrong respondent, or describing problems caused only by another school or district, can stall the case. Parents without attorneys 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
- 71 Fed. Reg. 46540-46541, 46699 (Aug. 14, 2006)
- 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,
v.
EL DORADO COUNTY SPECIAL EDUCATION LOCAL PLAN AREA.
OAH CASE NUMBER 2021070422
ORDER FINDING DUE PROCESS COMPLAINT
INSUFFICIENT
JULY 23, 2021
On July 08, 2021, Parents on behalf of Student filed a due process hearing request, called a complaint, with the Office of Administrative Hearings, referred to as OAH. Student’s complaint named El Dorado County Special Education Local Plan Area, called SELPA, as the only respondent. On July 22, 2021, SELPA timely 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. 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 insufficiently pleads a claim against SELPA. The complaint alleges actions or inactions exclusively by staff at Language Academy contrary to Student’s Individualized Education Program.. The complaint identifies Student’s school district of residence is Sacramento County Unified School District. The complaint does not describe a problem relating to any proposed change by SELPA regarding the Student’s identification, evaluation, or educational placement, or SELPA providing the Student a free appropriate public education. It contains no allegations against SELPA at all. Accordingly, Student’s complaint 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.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings