California OAH special education order · May 10, 2013
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2013040914 · ALJ Alexa J. Hohensee
OAH deemed District's complaint sufficient because Student's notice of insufficiency was filed more than 15 days after Parent received the complaint by overnight mail.
Summary
District filed a due process complaint against Parent on behalf of Student, and Student later filed a notice of insufficiency challenging it. District opposed, showing overnight-delivery tracking that Parent received the complaint on April 20, 2013. Because Student's notice was faxed on May 8, 2013, more than 15 days after receipt, OAH found it untimely and deemed the complaint sufficient. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A parent who wants to challenge a district's complaint as insufficient must do so within 15 days of receiving it. Districts can prove the receipt date with delivery tracking records, and a late challenge will not be considered.
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)
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:
SAN DIEGUITO UNION HIGH SCHOOL OAH CASE NO. 2013040914
DISTRICT,
ORDER OF DETERMINATION OF
v. SUFFICIENCY OF DUE PROCESS
COMPLAINT
PARENT ON BEHALF OF STUDENT.
On April 19, 2013, the San Dieguito Union High School District (District) filed a due process hearing request 1 (complaint) naming Parent on behalf of Student.
On May 8, 2013, Student filed a notice of insufficiency (NOI). On May 10, 2013, District filed an opposition to the 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).
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
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).
3 20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).
District’s complaint was filed on April 19, 2013, accompanied by a sworn proof of service indicating that the complaint was served on Parent by overnight mail. District’s opposition attaches overnight tracking information from the delivery company showing that Parent received the complaint on April 20, 2013. Student’s NOI was faxed to OAH on May 8, 2013, which is more than 15 days after she received District’s complaint. Student’s NOI was not filed within the statutorily required timeline. Therefore, District’s complaint is deemed sufficient.
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 mediation, prehearing conference, and hearing dates in this matter are
confirmed.
Dated: May 10, 2013 /s/
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings