California OAH special education order · April 15, 2025
Order Determining Due Process Complaint Sufficient
OAH Case No. 2025040179 · ALJ Charles Marson
OAH found Student's 40-page complaint sufficient because it addressed each IEP team meeting within the two-year limitations period and identified specific annual goals and their alleged flaws.
Summary
Student filed a due process complaint against Mt. Diablo, and the District responded with a Notice of Insufficiency. OAH found the complaint sufficient. It noted that the 40-page complaint separately described Student's allegations for each IEP team meeting within the two-year statute of limitations, and identified several annual goals and their perceived flaws. That gave Mt. Diablo enough information to respond and to take part in a resolution session and mediation. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A complaint that organizes its claims meeting by meeting and names the specific IEP goals being challenged is likely to survive a sufficiency challenge. OAH reads pleading requirements liberally.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 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 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.
MT. DIABLO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025040179
ORDER DETERMINING DUE PROCESS COMPLAINT
SUFFICIENT
APRIL 15, 2025
On April 1, 2025, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming the Mount Diablo Unified School District. Mount Diablo then 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
The facts alleged in Student’s complaint are sufficient. Student’s 40-page complaint describes his allegations separately with respect to each individual education program team meeting that has occurred within the two-year period allowed by the statute of limitations. It individually identifies several annual goals and describes the perceived flaws in them. The complaint identifies the issues and adequate facts about the problem to permit Mt. Diablo to respond and participate in a resolution session and mediation.
Therefore, Student’s statement of his claims is sufficient.
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.
Charles Marson Administrative Law Judge Office of Administrative Hearings