California OAH special education order · September 20, 2017
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2017090087 · ALJ Cole Dalton
OAH deemed Student's complaint sufficient because District filed its notice of insufficiency with OAH more than 15 days after receiving the complaint, missing the statutory deadline.
Summary
District challenged the sufficiency of Student's due process complaint by filing a notice of insufficiency. Student filed and emailed the complaint to District on September 1, 2017. District dated and served its notice on September 15, but did not file it with OAH until September 18, more than 15 days after receiving the complaint. Because the notice was untimely, OAH deemed the complaint sufficient and confirmed all scheduled dates.
Why it matters
A sufficiency challenge must be filed with OAH within 15 days of receiving the complaint. Serving the other side on time is not enough, and a late filing means the complaint is automatically treated as sufficient.
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. 2017090087 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
KERN HIGH SCHOOL DISTRICT. COMPLAINT
On September 01, 2017, Student filed a Due Process Hearing Request1 (complaint)
with the Office of Administrative Hearings naming Kern High School District. On September 18, 2017, 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 with OAH, and served on District by email, on September 1, 2017. District’s NOI does not dispute Student’s proof of service. District’s NOI was dated September 15, 2017, served on Student by email on September 15, 2017, but not filed with OAH until September 18, 2017. District filed its NOI with OAH 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: September 20, 2017
COLE DALTON
Administrative Law Judge Office of Administrative Hearings