California OAH special education order · February 14, 2025
Order Determining Due Process Complaint Insufficient
OAH Case No. 2025011039 · ALJ Ashok Pathi
OAH found Student's complaint against Capistrano insufficient because it was identical to an earlier complaint OAH had already found insufficient, giving Student 14 days to amend.
Summary
Capistrano filed a timely Notice of Insufficiency challenging Student's due process complaint. OAH found the complaint insufficiently pled because Student had filed an identical complaint in OAH Case No. 2024120081, which OAH found insufficient on January 2, 2025, for reasons that applied equally here. Student may file an amended complaint within 14 days, or the case will be dismissed. All previously set dates were vacated.
Why it matters
Refiling the same complaint after OAH has found it insufficient will not work; families must fix the defects OAH identified, such as adding specific facts and a proposed resolution, before refiling.
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)
- Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
- Alexandra R. v. Brookline School Dist. (D.N.H. 2009) 2009 WL 2957991
- 71 Fed. Reg. 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 2025011039
ORDER DETERMINING DUE PROCESS COMPLAINT
INSUFFICIENT
FEBRUARY 14, 2025
On January 30, 2025, 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 as respondent. On February 10, 2025, Capistrano timely 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.) 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 is insufficiently pled. Student previously filed an identical complaint in OAH Case #2024120081. OAH determined that complaint was insufficient on January 2, 2025. Accordingly, Student’s complaint here is also insufficient for the same reasons described in OAH’s January 2, 2025, Order.
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