California OAH special education order · August 7, 2025
Order Determining Due Process Complaint Insufficient
OAH Case No. 2025070868 · ALJ Jennifer Kelly
OAH found Student's complaint insufficient against El Dorado SELPA because it did not say who conducted the challenged evaluation or how the SELPA, in its funding or oversight role, denied Student a FAPE.
Summary
El Dorado SELPA filed a notice of insufficiency challenging Parents' due process complaint. The complaint raised three issues about a February 25, 2025, psychoeducational evaluation, Student's educational program at River Springs Charter School, and inaccurate reporting of progress, data, and grades. OAH found the complaint vague. It did not say whether River Springs or El Dorado SELPA conducted the evaluation, and it alleged no facts showing the SELPA was involved in Student's educational decisions or directly provided services. Student was given 14 days to file an amended complaint, or the case will be dismissed.
Why it matters
When suing a SELPA instead of, or along with, the charter school or district, a complaint must state specific facts showing the SELPA itself assessed the student, provided services, or made program decisions. Parents without an attorney can ask OAH for a mediator to help draft an amended complaint.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(D)
- Ed. Code, § 56501
- Ed. Code, § 56028.5
- Ed. Code, § 56505
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.
EL DORADO COUNTY CHARTER SPECIAL EDUCATION
LOCAL PLAN AREA
OAH CASE NUMBER 2025070868
ORDER DETERMINING DUE PROCESS COMPLAINT
INSUFFICIENT
AUGUST 7, 2025
On July 23, 2025, Parents on behalf of Student filed a due process hearing request, called a complaint, with the Office of Administrative Hearings, referred to OAH, naming El Dorado County Charter Special Education Local Plan Area, called El Dorado SELPA. On August 6, 2025, El Dorado SELPA 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 Individuals with Disabilities Education Act 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.)
Special education due process hearing procedures extend to the parent or guardian, to the student in certain circumstances, and to the public agency involved in any decisions regarding a pupil. (Ed. Code, § 56501, subd. (a).) A public agency is defined as a school district, county office of education, special education local plan area, or any other public agency providing special education or related services to individuals with exceptional needs. (Ed. Code, §§ 56500 and 56028.5.)
Student’s complaint is insufficiently pled. The complaint fails to provide El Dorado SELPA with the required problem description and the facts relating to the problem. Student alleges he attends River Springs Charter School. The complaint contains three issues relating to the legal sufficiency of a February 25, 2025, psychoeducational evaluation and Student’s educational program, and inaccurate reporting of Student’s progress, data, and grades. The complaint is vague because it does not allege if River Springs Charter School or El Dorado SELPA conducted the psychoeducational evaluation or state how EL Dorado SELPA denied Student a free appropriate public education. Student alleges no facts as to how El Dorado SELPA, in its funding or oversight capacity, is involved in any educational program decisions regarding Student. For example, the complaint does not state facts relating to any assessments conducted by El Dorado SELPA, or allege it directly provided special education or related services to Student.
Accordingly, Student’s complaint is insufficiently pled as to El Dorado SELPA.
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 title 20 United States Code
section 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 United
States Code 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.
Jennifer Kelly Administrative Law Judge Office of Administrative Hearings