California OAH special education order · June 9, 2026

Order Determining Due Process Complaint Insufficient Regarding Twin Rivers Unified School District Only

OAH Case No. 2026060034 · ALJ Judith Pasewark

OAH found Student's complaint insufficient as to Twin Rivers Unified only because it gave no facts tying Twin Rivers to developing or implementing Student's IEP; the case continues against Center Joint Unified.

Denied Sufficiency of complaint

Summary

Student filed a complaint against Twin Rivers Unified and Center Joint Unified alleging the districts failed to implement Student's December 17, 2025 IEP by not providing one-to-one health and nursing services and transportation, causing Student to miss about 75 percent of her program in 2025-2026. Twin Rivers Unified filed a notice of insufficiency. OAH agreed, finding the complaint gave no factual basis showing Twin Rivers was Student's local educational agency or responsible for the IEP, and made no specific claim that Twin Rivers denied Student a FAPE. Student may file an amended complaint within 14 days, or the case will be dismissed as to Twin Rivers; dates stay in place for Center Joint Unified.

Why it matters

When naming more than one district, a complaint must explain each district's role, such as which one is responsible for the IEP or services. Lumping them together as "the Districts" can get a district dropped from the case.

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
  • Escambia County Bd. of Educ. v. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248

Topics

sufficiency multiple districts failure to implement iep nursing services transportation local educational agency

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:

PARENT ON BEHALF OF STUDENT,

v.

TWIN RIVERS UNIFIED SCHOOL DISTRICT AND CENTER JOINT

UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2026060034

ORDER DETERMINING DUE PROCESS COMPLAINT

INSUFFICIENT REGARDING TWIN RIVERS UNIFIED

SCHOOL DISTRICT ONLY

JUNE 9, 2026

On May 27, 2026, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Twin Rivers Unified School District and Center Joint Unified School District. On June 8, 2026, Twin Rivers Unified 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.

Although listed as three incomplete issues, when combined, Student’s complaint alleges that “the Districts” have materially failed to implement Student’s December 17, 2025 individualized educational program, by failing to provide one-to-one health and nursing services and transportation services resulting in Student being unable to attend approximately 75 percent of her educational program for the 2025-2026 school year.

Twin Rivers Unified contends that Student’s complaint in its entirety, provides no factual basis connecting Student’s claims to Twin Rivers Unified as Student’s local educational agency or party responsible for developing or implementing Student’s December 17, 2025 individualized education program. The complaint makes no specific claim that Twin Rivers Unified denied Student a free appropriate public education in any manner. Therefore, Student’s complaint, in its entirety, is insufficiently pled as to Twin Rivers Unified only.

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 title 20 United States Code

section 1415(c)(2)(D) regarding Twin Rivers Unified only.

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 as to Twin Rivers Unified only.

5. All dates previously set in this matter are vacated regarding Twin Rivers

Unified only and remain in full force and effect regarding Center Joint Unified School District.

Judith Pasewark Administrative Law Judge Office of Administrative Hearings