California OAH special education order · May 8, 2026

Order Determining Due Process Complaint Insufficient

OAH Case No. 2026041202 · ALJ Katherine Roe

OAH found Student's complaint insufficient because its single one-sentence issue about speech-language service scheduling gave no facts, time period, or IEP date; Student may amend within 14 days.

Complaint found insufficient Sufficiency of complaint

Summary

Del Mar filed a Notice of Insufficiency challenging Parent's due process complaint, which raised one issue: that Student's speech-language services were scheduled at a time that did not align with Student's access to the school program. OAH agreed the complaint was insufficient. It was a conclusory one-sentence statement with no supporting facts, no time period, and no IEP date, so Del Mar could not know how to prepare for hearing, resolution, or mediation. Student may file an amended complaint within 14 days or the case will be dismissed, and all dates were vacated.

Why it matters

Even under liberal IDEA pleading standards, a complaint must name the IEP or time period at issue and give facts explaining the problem and how it affects FAPE. Parents without lawyers can ask OAH for a mediator to help them identify issues and proposed resolutions before amending.

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 (2003)
  • 71 FR 46,540-46541, 46699

Topics

sufficiency notice of insufficiency speech-language services self-represented parent amended complaint

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.

DEL MAR UNION SCHOOL DISTRICT.

OAH CASE NUMBER 2026041202

ORDER DETERMINING DUE PROCESS COMPLAINT

INSUFFICIENT

MAY 8, 2026

On April 22, 2026, Parent on behalf of Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Del Mar Union School District, called Del Mar. On May 7, 2026, Del Mar 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.)

Student’s complaint alleges one insufficiently pled claim. The sole issue listed is, “Student’s IEP includes speech-language services that are scheduled at a time that does align with his access to the school program.”

Del Mar contends that Student’s complaint is insufficient because the Complaint does not specify which Individual Education Program (IEP) is at issue or whether Parent contests the services in that IEP. Further, Del Mar contends that the Complaint fails to contain any facts relevant to the issue. Del Mar requests clarification on the nature of the issue or how the issue relates to the provision of a free appropriate public education (FAPE) for Student.

Student’s complaint is insufficiently pled. The complaint fails to provide Del Mar with the required problem description and the facts relating to the problem. Other than the above one-sentence statement, Student’s complaint lacks any facts relating to the problem. The issue is presented as a conclusory statement without supporting details.

There is no time period or IEP date listed. For these reasons, the complaint lacks sufficient information for Del Mar to know how to prepare for the hearing and how to participate in a resolution session and mediation. Pleading standards under IDEA are broad, but still must provide the respondent with an awareness of the issue. Student’s complaint does not.

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.

Katherine Roe Katherine Roe Administrative Law Judge Office of Administrative Hearings