California OAH special education order · April 15, 2022
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2022040224 · ALJ Tiffany Gilmartin
OAH found Student's complaint insufficient because both health-related issues were too vague for Fallbrook to know which part of Student's program was challenged, and allowed 14 days to amend.
Summary
Fallbrook filed a Notice of Insufficiency challenging Student's due process complaint. OAH found both issues insufficiently pled. The first issue, about the district failing to adjust Student's health supports and choosing which parts of the health plan to follow, did not say which adjustments were missing or which part of the IEP was involved. The second issue, about toileting and GI concerns, missed school days, and outdoor activity despite an asthma health plan, lacked specific facts. Student may file an amended complaint within 14 days, or the case will be dismissed, and all dates were vacated.
Why it matters
A complaint has to name the specific services, plan provisions, or IEP areas the district failed to follow and give concrete facts, or it can be thrown out before hearing. Parents without attorneys can ask OAH for a mediator to help identify and word their issues 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
- Sen. Rep. No. 108-185
- 71 FR 46,540-46541, 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.
FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT.
OAH CASE NUMBER 2022040224
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
APRIL 15, 2022
On April 07, 2022, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Fallbrook Union Elementary. On April 15, 2022, Fallbrook 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 insufficiently pled claims. Student’s first issue is plead as: “District failures to make timely adjustments to J health throughout his daily school routine and pick/choose what components to follow in the healthy.” This vague statement fails to provide Fallbrook with enough specifics to know what area of Student’s program Parent is challenging. Specifically, what adjustments is the district failing to make and to what area of Student’s IEP. As plead this issue does not provide sufficient information for Fallbrook to prepare for the hearing and how to participate in resolution sessions and mediation.
Student’s second issue is equally unclear. Student’s second issue as plead is:
“Repeated concerns of toileting issues, GI concerns that leads to missing days out of school, and having the child outside for physical activities when the asthma area to the health plan specifically states not to go outside, which the parent, pcp doctor and his specialist doctors have adjusted the health plan numerous of times to provide specific details and guided temperature system to help the staff, which the child has aide during unstructure time (pe, recess, and other times aide with him so time to go inside).”
Student fails to plead specific facts or provide Fallbrook with sufficient information to prepare for the hearing and how to participate in resolution sessions and mediation.
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.
Tiffany Gilmartin Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings