California OAH special education order · August 31, 2022
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2022080423 · ALJ Marlo Nisperos
OAH found Student's complaint insufficient because its eight numbered sentences mixed possible claims and facts without enough supporting detail for Elk Grove to understand the issues, and gave Student 14 days to amend.
Summary
Elk Grove filed a notice of insufficiency challenging a 53-page complaint filed by Parent. The complaint's first page listed eight numbered sentences and referred to an attached California Department of Education complaint for details. OAH found all eight claims insufficiently pled because it was unclear which sentences were facts and which were issues for hearing, and the claims lacked facts explaining the problem. The proposed resolutions were vague but met the legal standard. Student may file an amended complaint within 14 days or the case will be dismissed, and all dates were vacated.
Why it matters
Attaching another complaint and listing short statements is not enough. Each issue must be clearly stated with supporting facts. Parents without lawyers can ask OAH for a mediator to help them identify issues and resolutions under Education Code section 56505.
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.
ELK GROVE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022080423
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
AUGUST 31, 2022
On August 15, 2022, 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 Elk Grove Unified School District. On August 27, 2022, Elk Grove 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 insufficiently pled claims. The first page of the 53-page complaint states “see attached copy of complaint to California Department of Education for additional specifics”. Below the statement referencing the attachment are eight numbered sentences. Some of the numbered sentences may constitute claims that Elk Grove denied Student a free appropriate public education. However, the claims are not supported by facts about the problem that would permit Elk Grove to understand the issues forming the basis of the complaint. It is unclear which of the numbered sentences are facts to support the allegations and which are issues that Student intends to raise for hearing. As a result, all eight claims are insufficiently pled.
Student’s proposed resolutions requests for Elk Grove to “correct the error” and states that Student “needs immersion with typical peers”. A complaint is required to include proposed resolutions to the problem, to the extent known and available to the party at the time. (20 U.S.C. §1415(b)(7)(A)(ii)(IV).) The proposed resolution stated in Student’s complaint is not well-defined. However, Student has met the statutorily required standard of stating a resolution to the extent known and available to them at the time.
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.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings