California OAH special education order · February 7, 2022
Order Determining Insufficiency of Due Process Complaint
OAH Case No. 2022010666 · ALJ Jennifer Kelly
OAH found Student's amended complaint insufficient because it did not explain why California Connections Academy was responsible for Student's education or give facts about the alleged problems.
Summary
California Connections Academy filed a Notice of Insufficiency challenging Student's amended due process complaint. OAH found that the complaint did not coherently describe a problem with Student's identification, evaluation, placement, or free appropriate public education, and that it lacked supporting facts. The complaint did not name a school district, did not allege that Student attended California Connections Academy when the violations occurred, and did not explain why the school had to provide a Biology class or academic counseling, for example by pointing to an IEP. Student has 14 days to file an amended complaint or the case will be dismissed, and all previously set dates were vacated.
Why it matters
A due process complaint must explain why the named agency is responsible for the student, for example by stating that the student was enrolled there or had an IEP requiring the service, and must include facts about each problem. Families without a lawyer can ask OAH for a free mediator to help draft 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
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 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:
STUDENT,
v.
CALIFORNIA CONNECTIONS ACADEMY.
OAH CASE NUMBER 2022010666
ORDER DETERMINING INSUFFICIENCY OF
DUE PROCESS COMPLAINT
FEBRUARY 07, 2022
On January 25, 2022, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming California Connections Academy. On January 27, 2022, Student filed a motion to amend complaint and amended complaint. On February 2, 2022, OAH issued an Order Granting Motion to Amend Complaint. Student’s amended complaint was deemed filed on the date of OAH’s February 2, 2022 order.
On February 4, 2022, California Connections Academy 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 complaint alleges three insufficiently pled claims. The amended 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 California Connections Academy is responsible for Student’s educational program, such as alleging that Student was attending California Connections Academy when the alleged violations occurred. Further, Student does not allege why California Connections Academy was responsible for providing Student with a Biology class or academic counseling, such as citing to an Individualized Education Program. The complaint fails to provide California Connections Academy with the required problem description and the facts relating to the problem. The complaint is therefore insufficiently pleaded.
MEDIATOR ASSISTANCE FOR NON-REPRESENTED PARENTS/STUDENTS: A
parent or adult student without an attorney may request that OAH provide a mediator to assist the parent/student in identifying the issues and proposed resolutions that must be included in a complaint. (Ed. Code, § 56505.) Student is encouraged to contact OAH for assistance if he intends to amend his due process hearing request and is informed of the availability of free assistance.
ORDER
1. Student’s complaint is insufficiently pled under title 20 United States Code
section 1415(c)(2)(D).
2. Based on the insufficiency of Student’s complaint, 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.
Jennifer Kelly Administrative Law Judge Office of Administrative Hearings