California OAH special education order · February 4, 2026
Order Determining Due Process Complaint Insufficient
OAH Case No. 2026010865 · ALJ Penelope S. Pahl
OAH found Parents' complaint insufficient because it covered multiple students in one filing and gave no dates for the IEPs, assessments, or problems claimed. Parents get 14 days to amend.
Summary
Modesto City Schools filed a Notice of Insufficiency against Parents' due process complaint. OAH agreed the complaint was insufficient for two reasons: the form complaint and attachment referred to multiple students, and OAH requires a separate complaint for each student. It also lacked facts and dates showing when the problems happened, which IEPs were challenged, or which years assessments were not given. Parents may file an amended complaint within 14 days or the case will be dismissed, and all previously set dates were vacated.
Why it matters
Parents must file a separate complaint for each child, and each complaint must include specific facts and dates, such as which IEPs and school years are at issue. Parents without a lawyer can ask OAH for a mediator to help them write the issues and proposed resolutions.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)
- Ed. Code § 56502(d)(1)
- Ed. Code § 56505
- 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
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.
MODESTO CITY SCHOOLS.
OAH CASE NUMBER 2026010865
ORDER DETERMINING DUE PROCESS COMPLAINT
INSUFFICIENT
FEBRUARY 4, 2026
On January 23, 2026, Parents, on behalf of Student, filed a Due Process Hearing Request, also called a complaint, with the Office of Administrative Hearings, called OAH, naming Modesto City School as respondent. Parents also filed an attachment to the complaint on January 23, 2026. On February 2, 2026, Modesto City Schools 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 party has the right to file a notice asserting a complaint is insufficient within 15 days of receiving a request for due process hearing. (20 U.S.C. § 1415 (c)(2)(C); Ed.
Code § 56502, subd. ((d)(1).) 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, or 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 Fed. Reg. 46541, 46699.)
COMPLAINT INSUFFICIENT
Parents’ form complaint, and attachment, reference multiple students in a single complaint. OAH requires that a separate complaint be filed for each student. Each Student is unique, and the complaint filed for that Student must include claims pertaining only to the individual Student’s special education program.
Student’s complaint also fails to include facts pertaining to the claims alleged.
There are no dates to show when the alleged problems with Student’s educational program occurred. There are no dates indicating which IEPs Student is claiming are deficient or which years assessments were not provided. The lack of facts related to the claims alleged, coupled with the fact claims are written as though they may pertain to multiple students, results in this complaint being fatally flawed. The complaint, as written, does not give Modesto adequate notice of the claims alleged against it to prepare for resolution, mediation or hearing.
MEDIATOR ASSISTANCE FOR NON-REPRESENTED PARENTS
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 1415(c)(2)(D) of title
20 of the United States Code.
2. Student shall be permitted to file an amended complaint under section
1415(c)(2)(E)(i)(II), of title 20 of the United States Code.
3. The amended complaint shall comply with the requirements of section
1415(b)(7)(A)(ii), of title 20 of the United States Code.
4. The amended complaint must be filed no later than 14 days from the date of
this order.
5. If Student fails to file a timely amended complaint, the complaint will be
dismissed.
6. All dates previously set in this matter are vacated.
IT IS SO ORDERED.
Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings