California OAH special education order · November 24, 2021
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2021110435 · ALJ Judith Pasewark
OAH found Student's complaint insufficient because it did not identify which IEPs were predetermined or what parental input was ignored, and raised accountability claims outside OAH's jurisdiction; Student may amend within 14 days.
Summary
Cardiff filed a Notice of Insufficiency challenging Parent's due process complaint. OAH found both issues insufficiently pled. Issue One alleged predetermination of IEPs and disregard of parental input but did not say which IEPs, what was predetermined, or what input was ignored. Issue Two alleged Cardiff fails to hold staff accountable and breaks promises, which states no problem within OAH's jurisdiction, and OAH cannot order the requested independent oversight of Cardiff's special education department. Student may file an amended complaint within 14 days or the case will be dismissed, and all dates were vacated.
Why it matters
A predetermination claim must name the specific IEP meetings and describe what was decided in advance and what parent input was ignored. General complaints about staff accountability or requests for district-wide oversight fall outside what OAH can hear or order. Parents without attorneys can ask OAH for a mediator to help draft an amended complaint.
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,
v.
CARDIFF SCHOOL DISTRICT.
OAH CASE NUMBER 2021110435
ORDER OF DETERMINATION OF SUFFICIENCY OF
DUE PROCESS COMPLAINT
NOVEMBER 24, 2021
On November 15, 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 Cardiff School District. On November 24, 2021, Cardiff 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’s complaint alleges two issues insufficiently pled claims. Issue One contends that Cardiff predetermines individualized education programs or IEPs and ignores parental input. Student, however, fails to state which specific IEPs are in issue, and what part of the IEP Student contends was predetermined. Student also fails to specify what information was ignored by Cardiff. Issue Two contends Cardiff fails to hold its personnel accountable and breaks its promises. Issue Two fails to identify any specific problem over which OAH has jurisdiction. OAH cannot make policy decisions for school districts nor can OAH provide Student’s requested remedy of independent oversight of Cardiff’s special education department. The complaint fails to provide Cardiff with the required problem description and the facts relating to the problem.
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 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.
Judith Pasewark Administrative Law Judge Office of Administrative Hearings