Order on Respondent’s Notice of Insufficiency and Motion to Dismiss

Introduction

This order is being issued in response to the insufficiency notice and motion to dismiss filed by Respondent on December 12, 2025. For the foregoing reasons, the motion must be granted.

The Motion

The Due Process Complaint Notice (“Complaint”) was filed on December 5, 2025, by Complainant, who is the pro se parent of the Student at issue.

The Complaint alleges the school district “amended a PPT after falsely listing me as present, misled my wife into signing without full knowledge, and refused to implement my son’s IEP and Stay Put rights as required by law.”

On December 8, 2025, this Hearing Officer confirmed that the required prehearing conference would be scheduled for December 11, 2025 at 2:30 p.m.

Complainant replied: “Confirmed for Thursday,12/11 at 2:30 pm.” On December 9, 2025, however, Complainant emailed the Hearing Officer and copied the undersigned stating that “I do not plan to attend the proposed meeting. I have no additional information to add beyond what is already in writing. You may proceed as you see fit.”

On December 10, 2025, this Hearing Officer issued a Notice of Appointment and Orders confirming the prehearing conference.

On the morning of the prehearing conference, Complainant emailed the school district with a copy to the District’s superintendent suggesting he would file complaints about “procedural and retaliation concerns” if the school district attended the scheduled pre-hearing conference in compliance with the Hearing Officer’s order.

On December 11, 2025 at 2:30 p.m. this Hearing Officer convened the prehearing conference via telephone conference. Complainant did not appear. The prehearing conference did not move forward due to the absence of the Complainant.

On December 12, 2025, Respondent moved to dismiss for failure to prosecute and because of the insufficiency of the Complaint.

Conclusions of Law

A due process complaint notice must meet the requirements of federal law relating to the “sufficiency” of the content of the complaint. 20 USC 1415(b)(7)(A); 34 CFR Sect. 300.508(b).

A due process hearing may not proceed unless the due process complaint satisfies the sufficiency requirements. 20 USC 1415(b)(7)(B); 34 300.508(c).

A due process complaint notice must include the name and address of the child and the name of the school which the child is attending, a “description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem.”

Complainant filed a due process complaint that was unclear, violating the IDEA rules requiring the complaint “description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem.” Then Complaint refused to appear at the prehearing conference and threatened the school district if they attended.

In response, Complainant has only sent this Hearing Officer multiple off-topic emails, some of which were not sent to the school district despite my request for Petitioner to copy the school district on all communications. I agree with the school district that the description in this Complaint was inadequate. I am also in agreement with the school district’s position that Complainant’s willful failure to attend the prehearing conference made it impossible for the school district to further understand the nature of the claims against it, and violated Section 10-76h-18, requiring dismissal of the Complaint.

This case must therefore be dismissed.

Order

As a result of the foregoing, Respondent’s motion is granted and this case is hereby dismissed.

Dated: December 17, 2025

Michael Lazan
Michael Lazan, Esq.
Hearing Officer