California OAH special education order · April 23, 2024
Order Determining Amended Due Process Complaint Sufficient
OAH Case No. 2024030901 · ALJ Rita Defilippis
OAH found Student's amended complaint sufficient, rejecting Brea Olinda's second insufficiency challenge because the amended complaint stated one issue, supporting facts, and proposed resolutions.
Summary
Student's first complaint was found insufficient because it lacked facts, and OAH gave Student 14 days to amend. Student filed an amended complaint on time, and Brea Olinda challenged it as insufficient too. OAH ruled that the amended complaint identified one issue, facts about the problem, and proposed resolutions, which was enough for Brea Olinda to respond, take part in resolution and mediation, and prepare for hearing. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A complaint found insufficient can be fixed by a timely amendment that adds the facts behind the problem. OAH reads complaints liberally, so a clearly stated issue, supporting facts, and a proposed resolution usually defeat a district's insufficiency challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)(ii)
- 20 U.S.C. § 1415(b) & (c)
- Sen. Rep. No. 108-185
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- 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.
BREA OLINDA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024030901
ORDER DETERMINING AMENDED DUE PROCESS
COMPLAINT SUFFICIENT
APRIL 23, 2024
On March 27, 2024, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Brea Olinda Unified School District. On April 5, 2024, Brea Olinda filed a Notice of Insufficiency as to Student’s complaint. On April 8, 2024, OAH issued an Order Determining Student’s Complaint Insufficient as it lacked any facts underlying the alleged problem. The April 8, 2024, OAH order granted Student leave to amend the complaint no later than 14 days from the date of the order. On April 12, 2024, Student timely filed an amended complaint. On April 22, 2024, Brea Olinda filed a Notice of Insufficiency as to Student’s 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 amended complaint identifies one issue, facts about the problem, and proposed resolutions, that are adequate to permit Brea Olinda to respond, participate in a resolution session and mediation, and prepare for hearing. Accordingly, Student’s amended complaint is sufficient. Brea Olinda’s argument otherwise is rejected as not persuasive.
ORDER
1. The complaint is sufficient under title 20 United States Code section
1415(b)(7)(A)(ii).
2. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
IT IS SO ORDERED.
Rita Defilippis Administrative Law Judge Office of Administrative Hearings