California OAH special education order · September 19, 2024
Order Determining Due Process Complaint Insufficient
OAH Case No. 2024090581 · ALJ Ashok Pathi
OAH found Student's complaint insufficient because both issues lacked timeframes, facts about how Capistrano failed Student, and identification of any challenged placement offer or IEP. Student has 14 days to amend.
Summary
Capistrano filed a Notice of Insufficiency two days after Student filed a due process complaint. OAH found Issue 1 insufficient because it did not say when Student returned from a short-term treatment center, or when or how Capistrano failed to meet Student's medical and academic needs. OAH found Issue 2 insufficient because it used undefined terms (RTC and NPA) and did not identify the date of any placement offer or the IEP being challenged. Student may file an amended complaint within 14 days, or the case will be dismissed. All previously set dates were vacated.
Why it matters
Even under OAH's liberal pleading standard, a complaint must give dates and concrete facts and identify the specific IEP or placement offer being challenged. Spell out acronyms instead of assuming the judge will interpret them. Parents without a lawyer can ask OAH for a mediator to help them draft an amended 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
- Sen. Rep. No. 108-185
- 71 FR 46,540-46,541, 46,699
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.
CAPISTRANO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024090581
ORDER DETERMINING DUE PROCESS COMPLAINT
INSUFFICIENT
SEPTEMBER 19, 2024
On September 17, 2024, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Capistrano Unified School District, called Capistrano. On September 19, 2024, Capistrano 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 46,540-46,541, 46,699.)
DISCUSSION
Student’s complaint alleges two insufficiently pled claims. Student’s Issue Number 1 claims that Don Juan Intermediate School did not meet Student’s medical and academic needs. Student further claims that Don Juan Intermediate School did not collaborate with certain unspecified staff members upon Student’s return from a short- term treatment center.
Student’s Issue Number 1 does not include sufficient facts to give Capistrano “an awareness and understanding of the issues forming the basis of the complaint.” For example, Student does not allege a timeframe for when these events allegedly occurred, such as when Student returned from the mentioned short-term treatment center.
Student also does not include facts relating to when or how Capistrano allegedly did not meet Student’s medical or academic needs. Therefore, Student’s Issue 1 is insufficiently pled.
Student’s Issue Number 2 claims that Student does not require placement in an “RTC” and that she could be served by an “NPA.” Student’s complaint does not provide definitions for RTC or NPA, and the undersigned makes no assumptions regarding Student’s usage of those terms.
Student’s Issue Number 2 also does not include sufficient facts to give Capistrano “an awareness and understanding of the issues forming the basis of the complaint.” For example, it is unclear whether Student is challenging a placement offered by Capistrano.
If so, Student does not provide the date of that placement offer or other information to identify the individualized education program, called an IEP, Student is challenging.
Therefore, Student’s Issue 2 is insufficiently pled.
MEDIATOR ASSISTANCE FOR NON-REPRESENTED PARENTS: 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.
Ashok Pathi Administrative Law Judge Office of Administrative Hearings