California OAH special education order · December 23, 2021
Order of Determination of Insufficiency of Due Process Complaint
OAH Case No. 2021120652 · ALJ Paul H. Kamoroff
OAH found Student's complaint insufficient because it described no coherent problem, gave no facts, named no school district, and did not explain why the SELPA was responsible for Student's education.
Summary
Parent filed a due process complaint naming only the East San Gabriel Valley SELPA. The SELPA filed a motion to dismiss or, in the alternative, a notice of insufficiency, and OAH treated it as a notice of insufficiency. OAH found the single claim insufficient because it did not coherently describe a problem, included no facts, named no school district, and did not explain the SELPA's responsibility for Student's program. Student may amend within 14 days or the case will be dismissed. The motion to dismiss was declared moot, and the SELPA was told to file any future insufficiency notice and motion to dismiss separately.
Why it matters
A complaint must state the problem and supporting facts and must name the agency actually responsible for the child's education, which is usually the school district rather than the SELPA. Parents without a lawyer can ask OAH for a mediator to help write 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
- 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:
PARENTS ON BEHALF OF STUDENT,
v.
EAST SAN GABRIEL VALLEY SELPA.
OAH CASE NUMBER 2021120652
ORDER OF DETERMINATION OF INSUFFICIENCY OF
DUE PROCESS COMPLAINT
DECEMBER 23, 2021
On December 20, 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 East San Gabriel Valley Special Education Local Plan Area, called SELPA.
On December 23, 2021, East San Gabriel Valley SELPA filed a motion to dismiss or, in the alternative, a notice of insufficiency as to the complaint. The motion will be addressed as a notice of insufficiency.
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 one insufficiently pled claim. The complaint fails to coherently describe a problem relating to the proposed change regarding the Student’s identification, evaluation, or educational placement, or providing the Student a free appropriate public education, and lacks any facts about the problem. The complaint does not name a school district and fails to describe why East San Gabriel Valley SELPA is responsible for Student’s educational program. The complaint fails to provide East San Gabriel Valley SELPA with the required problem description and the facts relating to the problem. The complaint is therefore insufficiently pled.
As Student’s complaint is insufficiently pled, East San Gabriel Valley SELPA’s motion to dismiss is moot and will not be ruled upon by OAH.
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.
6. East San Gabriel Valley SELPA’s motion to dismiss is moot. If Student files an
amended complaint, East San Gabriel Valley SELPA is directed to file separately any Notice of Insufficiency and Motion to Dismiss as they are separate requests with different legal standards for review.
IT IS SO ORDERED.
Paul H. Kamoroff Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings