California OAH special education order · June 15, 2026
Order Determining Due Process Complaint Sufficient
OAH Case No. 2026051116 · ALJ Tiffany Gilmartin
OAH found Student's complaint sufficient because it identified Acalanes's alleged failures to assess and to provide accommodations and services after a brain injury, with enough facts for Acalanes to respond.
Summary
Acalanes filed a Notice of Insufficiency against Student's due process complaint. Earlier, Student's stay put motion had been denied and Acalanes's motion to dismiss had been partly granted. The remaining claims were that Acalanes failed to provide access to a free appropriate public education, failed to respond to Parent's requests for assessments and accommodations, and failed to provide related services after Student's April 2026 brain injury. The ALJ found the complaint identified the issues and gave enough facts for Acalanes to respond and take part in a resolution session and mediation, and confirmed all hearing dates.
Why it matters
OAH reads complaints liberally. A complaint that clearly names what the district failed to do, such as assessments, accommodations, or services after a medical event, will usually survive a sufficiency challenge.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(C)
- Ed. Code § 56502, subd. (d)(1)
- Sen. Rep. No. 108-185
- 71 Fed. Reg. 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.
ACALANES UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2026051116
ORDER DETERMINING DUE PROCESS COMPLAINT
SUFFICIENT
JUNE 15, 2026
On May 28, 2026, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Acalanes Union High School District. On June 10, 2026, Acalanes filed a Notice of Insufficiency as to the complaint. Previously, Student’s motion for stay put was denied on June 3, 2026. Acalanes’s motion to dismiss was partially granted on June 11, 2026.
Following that order the issues relating to Student’s allegations that Acalanes failed to provide Student with access to a free and appropriate public education, respond to Parent’s requests for assessments and accommodations, and provide related special education services following a brain injury in April 2026, remained.
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 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
The facts alleged in Student’s complaint are sufficient. Student alleges Acalanes failed to assess and provide Student with appropriate accommodations and related supports and services. Student’s complaint identifies the issues and adequate facts about the problem to permit Acalanes to respond and participate in a resolution session and mediation.
ORDER
1. The complaint is deemed sufficient under title 20 United States Code section
1415(c)(2)(C) and Education Code section 56502, subdivision (d)(1).
2. All prehearing conference and hearing dates in this matter are confirmed.
IT IS SO ORDERED.
Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings