California OAH special education order · August 18, 2025

Order Determining Due Process Complaint Insufficient

OAH Case No. 2025070686 · ALJ June Lehrman

OAH found Student's two-page amended complaint insufficient because it contained no factual allegations supporting any claim, and gave Student 14 days to file a new amended complaint or face dismissal.

Complaint found insufficient Sufficiency of complaint

Summary

Student filed a two-page amended due process complaint against Invictus Leadership Academy and El Dorado County Charter SELPA, and El Dorado filed a notice of insufficiency. OAH agreed that the complaint was insufficient because it contained no factual allegations supporting any claim. Student may file a complete amended complaint within 14 days, or the case will be dismissed. All previously set dates were vacated.

Why it matters

Even under the lenient pleading standard, a due process complaint must state the facts behind each claim, not just name the claims. A bare-bones complaint can be challenged, which delays the case and vacates hearing dates.

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)
  • Sen. Rep. No. 108-185 (2003)
  • Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248
  • 71 Fed. Reg. 46540-46541, 46699 (Aug. 14, 2006)

Topics

sufficiency notice of insufficiency amended complaint pleading requirements charter school

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.

INVICTUS LEADERSHIP ACADEMY AND EL DORADO COUNTY

CHARTER SELPA.

OAH CASE NUMBER 2025070686

ORDER DETERMINING DUE PROCESS COMPLAINT

INSUFFICIENT

AUGUST 18, 2025

On August 6, 2025, Student filed a two-page Amended Due Process Hearing Request, called an amended complaint, with the Office of Administrative Hearings, referred to as OAH, naming Invictus Leadership Academy and El Dorado County Charter SELPA as respondents. On August 14, 2025, El Dorado filed a Notice of Insufficiency as to the complaint.

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

Here, Student’s two-page amended complaint contains no factual allegations in support of any claims. The complaint is insufficiently pled. For this reason, the two- page amended complaint fails to state sufficient facts supporting any claims, and is insufficient. Student may re-file a complete document, as ordered below.

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.

June Lehrman Administrative Law Judge Office of Administrative Hearings