California OAH special education order · December 5, 2022
Order Determining Complaint Sufficient and Notice of No Action on Alternative Motion to Dismiss
OAH Case No. 2022110515 · ALJ Penelope S. Pahl
OAH found Student's complaint sufficient because it clearly raised whether San Dieguito denied a FAPE by not offering a placement after Excelsior closed. OAH refused to act on the bundled motion to dismiss.
Summary
San Dieguito filed a notice of insufficiency challenging Student's single-issue due process complaint, together with an alternative motion to dismiss. OAH found the complaint sufficient. It gave enough facts to put the District on notice that the issue was whether it denied Student a FAPE by failing to offer an appropriate placement after Excelsior non-public school closed. OAH took no action on the motion to dismiss because motions must be filed separately, and a notice of insufficiency has a different ruling deadline. The District remains free to file a separate motion to dismiss.
Why it matters
A short, single-issue complaint can meet the IDEA's liberal pleading standard if it identifies the problem and the facts behind it. Districts that want both a sufficiency ruling and a dismissal ruling must file them as separate documents.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(b) & (c)
- Sen. Rep. No. 108-185 (2003)
- Alexandra R. v. Brookline School Dist. (D.N.H. 2009) 2009 WL 2957991
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 71 Fed.Reg. 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.
SAN DIEGUITO UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2022110515
ORDER DETERMINING COMPLAINT SUFFICIENT AND
NOTICE OF NO ACTION ON
ALTERNATIVE MOTION TO DISMISS
DECEMBER 5, 2022
On November 17, 2022, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming San Dieguito Union High School District. On December 2, 2022, San Dieguito filed a Notice of Insufficiency as to the complaint, with an alternative motion seeking dismissal.
NOTICE OF INSUFFICIENCY
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.] 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 46541, 46699.)
The facts alleged in Student’s complaint are sufficient. Student’s complaint identifies the issues and adequate facts about the problem to permit San Dieguito to respond, and to participate in a resolution session, mediation and hearing. Student’s single issue complaint sufficiently gives notice that the issue raised is whether San Dieguito denied Student a FAPE by failing to offer an appropriate placement following the closure of Excelsior non-public school.
NO ACTION ON MOTION TO DISMISS
OAH will take no action on Student’s alternative motion to dismiss. OAH requires motions to be filed separately. In this case, particularly, separate filings are critical as a notice of insufficiency triggers a different ruling deadline than a motion to dismiss.
Nothing in this order prevents San Dieguito from filing a separate motion to dismiss the case.
1. The complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
2. No action will be taken on the alternative motion to dismiss filed with the
notice of insufficiency.
3. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
IT IS SO ORDERED.
Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings