California OAH special education order · January 7, 2022
Order Of Determination Of Sufficiency Of Due Process Complaint
OAH Case No. 2021120651 · ALJ Marlo Nisperos
OAH found Student's amended complaint insufficient because it did not explain why El Dorado SELPA was responsible for Student's education or describe the problem and supporting facts. Student may amend again.
Summary
Student's first complaint was found insufficient. Student then filed an amended complaint, and El Dorado SELPA challenged it with a Notice of Insufficiency. OAH agreed the amended complaint was insufficient. It named a different school (California Connections Academy Southern California) and district of residence (Capistrano Unified), never explained why El Dorado SELPA was responsible, and gave no description of the problem or facts. Student was given 14 more days to amend, was strongly encouraged to request an OAH mediator's help with pleading, and was warned that the case will be dismissed if no timely amendment is filed.
Why it matters
A complaint must explain why the named agency is responsible for the student's education and describe the specific problem with facts, or it cannot go to hearing. Parents without lawyers can ask OAH for a mediator to help write a sufficient 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 (2003)
- 71 Fed. Reg. 46540-46541, 46699 (Aug. 14, 2006)
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 CHARTER SPECIAL EDUCATION LOCAL
PLAN AREA.
OAH CASE NUMBER 2021120651
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
JANUARY 7, 2022
On December 20, 2021, Student filed the first Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming El Dorado County Charter Special Education Local Plan Area. On December 27, 2021, OAH determined that Student’s complaint was insufficiently pled and permitted Student to file an amended complaint within 14 days of OAH’s order.
On December 30, 2021, and January 3, 2022, Student filed three identical copies of the amended complaint with OAH, naming El Dorado SELPA. On January 7, 2022, El Dorado SELPA filed a Notice of Insufficiency as to the amended 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 amended complaint alleges two insufficiently pled claims. In the amended complaint, Student failed to coherently describe a problem relating to a proposed change regarding his identification, evaluation, or educational placement, or providing Student a free appropriate public education. Student listed California Connections Academy Southern California as the school he is attending and Capistrano Unified School District as his district of residence. The amended complaint does not describe why El Dorado County Charter SELPA is responsible for Student’s educational program. The amended complaint does not provide El Dorado County Charter SELPA a description of the problem or facts relating to the problem. Accordingly, the amended complaint is insufficiently pled.
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.) Student is strongly encouraged to contact OAH for assistance in this case, as this is a second attempt to plead a sufficient due process complaint.
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.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings