California OAH special education order · October 21, 2025
Order Determining Due Process Complaint Insufficient
OAH Case No. 2025100446 · ALJ June Lehrman
OAH found Student's complaint insufficient because it alleged only fraud, misrepresentation, coercion, and breach in two prior settlement agreements, with no facts and no claim that Student was denied a FAPE.
Summary
Sierra Sands filed a notice of insufficiency against Student's complaint. The complaint alleged fraud and misrepresentation in negotiating and signing settlement agreements in two earlier OAH cases, and also coercion and breach as to one of them. OAH found the complaint insufficient because it did not describe any problem with Student's identification, evaluation, placement, or FAPE, and gave no facts about when the misconduct happened or what it was. A referenced attachment was never filed, and without dates the district could not tell whether the two-year statute of limitations applied. Student may file an amended complaint within 14 days or the case will be dismissed, and all dates were vacated.
Why it matters
A due process complaint must tie its claims to a student's special education identification, evaluation, placement, or FAPE, and must include dates and specific facts; complaints about how a settlement was negotiated, without those links, will not go forward. Parents should make sure any attachments are actually filed, and self-represented parents can ask OAH for a mediator's help in framing issues.
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 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.
SIERRA SANDS UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025100446
ORDER DETERMINING DUE PROCESS COMPLAINT
INSUFFICIENT
OCTOBER 21, 2025
On October 13, 2025, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Sierra Sands Unified School District. On October 20, 2025, Sierra Sands 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 session 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
Student’s complaint alleges two insufficiently pled claims. Each issue complains about fraud and misrepresentation in the negotiation and execution of settlement agreements in two cases previously pending before OAH, and identified as OAH case numbers 2024040516 and 2022040089. Issue one concerning case number 2024040516 also alleged coercion and breach, in addition to fraud and misrepresentation. The complaint fails to provide Sierra Sands with any facts relating to the problems, or any allegations that Student was denied a free appropriate public education. The complaint states that an attachment exists that might have provided further details, however that document was not attached to the complaint.
The complaint fails to include any issue that relates to the proposed initiation or change concerning the identification, evaluation, or educational placement of Student, or the provision of a FAPE to Student. Rather, the complaint’s allegations solely relate to alleged misconduct in negotiating and executing settlement agreements. Because the complaint fails to provide any description of problems that relate to the initiation or change concerning the identification, evaluation, or educational placement of Student, or the provision of a FAPE to Student, it is deemed insufficient. The complaint lacks any underlying facts regarding the alleged problems. Specifically, the complaint lacks facts regarding when the alleged misconduct took place and what specific actions constituted the misconduct. One issue appears to relate to an OAH matter from the year 2022.
However, without additional information, such as the dates the alleged misconduct took place, Sierra Sands cannot determine if Student's claims are barred by the applicable two-year statute of limitations. Thus, the complaint fails to provide an awareness and understanding of the issues forming the basis of the complaint. The complaint also fails to provide sufficient information needed to prepare for the hearing and participate in a resolution session and a mediation.
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.
June Lehrman Administrative Law Judge Office of Administrative Hearings