California OAH special education order · January 3, 2013
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2012120710 · ALJ Rebecca Freie
OAH deemed Student's complaint sufficient as to the District because the District joined SCOE's notice of insufficiency 17 days after service, past the 15-day deadline. An intervening holiday did not extend that deadline.
Summary
Student filed a due process complaint against the Sacramento County Office of Education (SCOE), the California Department of Education, and the District. SCOE filed a notice of insufficiency (NOI), which OAH found untimely. The District then joined SCOE's NOI on January 3, 2013, 17 days after it was served by fax on December 17, 2012. OAH found the complaint sufficient as to the District because a challenge must be made within 15 days. Neither the IDEA nor California law extends that period for the January 1 legal holiday.
Why it matters
The 15-day deadline to challenge a complaint's sufficiency is strict, and holidays do not extend it. If a party misses the deadline, the complaint is deemed sufficient and the case moves forward.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)(2)(C)
- Ed. Code § 56502(d)(1)
- Ed. Code § 56502
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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2012120710
v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
SACRAMENTO COUNTY OFFICE OF COMPLAINT
EDUCATION, CALIFORNIA
DEPARTMENT OF EDUCATION, and
CITY UNIFIED SCHOOL DISTRICT.
On December 17, 2012, Student filed a Due Process Hearing Request 1 (complaint)
with the Office of Administrative Hearings (OAH) naming the Sacramento County Office of Education (SCOE), the California Department of Education, and the Sacramento City Unified School District (District).
On January 2, 2013, SCOE filed a Notice of Insufficiency (NOI) as to Student’s complaint. OAH found the complaint sufficient because the NOI was filed more than 15 days after the complaint was filed. On January 3, 2013, the District filed a response to another motion filed by COE, and stated that it was joining in COE’s NOI.
APPLICABLE LAW
The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. 2 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).
1 A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under title 20 United States Code section 1415(b)(7)(A).
2 20 U.S.C. § 1415(b) & (c).
The complaint is deemed sufficient unless a party notifies the Office of Administrative Hearings and the other party in writing within 15 days of receiving the complaint that the party believes the complaint has not met the notice requirements. 3
DISCUSSION
Student’s complaint was filed with OAH on December 17, 2012. The proof of service filed with the complaint shows that the District was served via facsimile on December 17, 2012. The District did not join in SCOE’s NOI until January 3, 2013, 17 days following December 17, 2012. Although January 1, 2013, was a legal holiday, there is no provision in either the Individuals with Disabilities Education Act or California’s implementing statutes that extends the time period for filing an NOI because there is an intervening legal holiday. Accordingly, the complaint is found to be sufficient as it pertains to the District.
ORDER
1. The complaint is deemed sufficient as it pertains to the District under title 20
United States Code section 1415(c)(2)(C) and Education Code section 56502, subdivision (d)(1).
2. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
Dated: January 3, 2013 /s/
REBECCA FREIE
Administrative Law Judge Office of Administrative Hearings 3 20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).