California OAH special education order · June 23, 2016
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2016060519 · ALJ Marian H. Tully
OAH deemed Student's complaint sufficient because District filed its notice of insufficiency 17 days after being served, missing the 15-day statutory deadline.
Summary
District filed a Notice of Insufficiency challenging Student's due process complaint. Student's proof of service showed District and its counsel were served by fax on June 3, 2016, but District did not file its notice until June 20, 2016. Because the challenge came more than 15 days after District received the complaint, OAH deemed the complaint sufficient without reviewing its contents. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A sufficiency challenge must be filed within 15 days of receiving the complaint. A late challenge fails automatically. Parents should keep a clear proof of service, since it proves when the district received the complaint and starts that clock.
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. 2016060519 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
LONG BEACH UNIFIED SCHOOL COMPLAINT
DISTRICT.
On June 3, 2016, Student filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming Long Beach Unified School District (District).
On June 20, 2016, District filed a Notice of Insufficiency as to Student’s complaint.
APPLICABLE LAW
The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. (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).
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.
(20 U.S.C. § 1415(c)(2)(C); Ed. Code, § 56502, subd. (d)(1).)
DISCUSSION
Student’s complaint was filed on June 3, 2016. Student’s proof of service demonstrates the complaint was served by facsimile on District and on District’s counsel of record in this matter on June 3, 2016. District’s NOI was dated, filed with OAH, and served on June 20, 2016, which is more than 15 days after it received Student’s complaint.
District’s NOI was not filed within the statutorily required timeline. Therefore, Student’s complaint is deemed sufficient.
1 A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under title 20 U.S.C. section 1415(b)(7)(A).
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: June 23, 2016
MARIAN H. TULLY
Administrative Law Judge Office of Administrative Hearings