California OAH special education order · May 15, 2015
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2015040812 · ALJ Cole Dalton
OAH deemed Student's complaint sufficient because SDCOE filed its notice of insufficiency more than 15 days after service and offered no authenticated evidence that it received the complaint late.
Summary
SDCOE filed a Notice of Insufficiency challenging Student's due process complaint, which had been filed and served on April 10, 2015. SDCOE filed the notice on May 13, 2015, and claimed it did not receive the complaint until May 8, 2015. OAH found that Student's complaint included a signed proof of service and that SDCOE offered no authenticated evidence of late receipt. Because the notice was not filed within the required 15 days, the complaint was deemed sufficient and all dates were confirmed.
Why it matters
A sufficiency challenge must be filed within 15 days of receiving the complaint. A signed proof of service from the parent can defeat a district's unsupported claim that it received the complaint late.
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2015040812 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
SAN DIEGO UNIFIED SCHOOL COMPLAINT
DISTRICT AND SAN DIEGO COUNTY
OFFICE OF EDUCATION
On April 10, 2015, Student filed a Request for Mediation and Due Process Hearing 1 naming San Diego Unified School District, San Diego County Office of Education and Banyan Tree Learning Center. 2 On May 13, 2015, SDCOE filed a Notice of Insufficiency as to Student’s complaint.
The OAH has not received a response.
APPLICABLE LAW
The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. 3 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. 4 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 Banyan Tree Learning Center was dismissed on May 7, 2015.
3 20 U.S.C. § 1415(b) & (c).
4 20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).
DISCUSSION
Student’s complaint was filed on April 10, 2015, and included a signed proof of service by facsimile/email and personal delivery. SDCOE’s NOI was dated, filed and served on May 13, 2015, which is more than 15 days after Student served the complaint. Although SDCOE contends that it did not receive Student’s complaint until May 8, 2015, it offered no authenticated evidence supporting its contention. District’s NOI was not filed within the statutorily required timeline. Therefore, Student’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.
DATE: May 15, 2015
/S/
COLE DALTON
Administrative Law Judge Office of Administrative Hearings