California OAH special education order · October 20, 2017
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2017100796 · ALJ Rebecca Freie
OAH deemed Student's expedited discipline complaint sufficient because the IDEA does not allow a notice of insufficiency against an expedited hearing request under 20 U.S.C. section 1415(k)(3).
Summary
Student filed a complaint against Alta Loma School District with one issue that required an expedited hearing on a disciplinary matter. Alta Loma filed a notice of insufficiency the next day. OAH ruled that the IDEA has no provision for challenging the sufficiency of an expedited complaint, and that there is not enough time for that process within the 20-school-day timeline. The complaint was deemed sufficient, and all mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
Districts cannot use a notice of insufficiency to delay or narrow an expedited discipline complaint. OAH also noted that the district should already have records of the discipline, the conduct behind it, and the manifestation determination IEP.
Key authority cited
- 20 U.S.C. § 1415(k)(3)
- 20 U.S.C. § 1415(c)(2)(A)
- 20 U.S.C. § 1415(b)(7)(A)
- 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. 2017100796 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
ALTA LOMA SCHOOL DISTRICT. COMPLAINT
On October 18, 2017, Student filed a due process hearing request1 (complaint) with the Office of Administrative Hearings naming Alta Loma School District. On October 19, 2017, Alta Loma filed a notice of insufficiency as to Student’s complaint. The complaint contains one issue, an issue that requires an expedited hearing.
APPLICABLE LAW
Title 20 United States Code section 1415(k)(3) permits a party to request an expedited hearing to appeal a decision regarding a disciplinary change of placement, such as placement in an alternative education setting or a manifestation determination regarding student conduct. This section requires an expedited hearing to occur within 20 school days of the date the hearing is requested. There is no provision similar to that in title 20 United States Code section 1415(c)(2)(A) for testing the sufficiency of a request for an expedited hearing pursuant to section 1415(k). Indeed, there is insufficient time to complete the NOI process in expedited hearings.
DISCUSSION
There is no provision in the Individuals with Disabilities Education Act that allows the filing of a notice of insufficiency in an expedited complaint. The complaint is therefore deemed sufficiently pled. It should be noted that Alta Loma should have records concerning Student with documentation as to what disciplinary action it has taken against Student, the 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).
facts concerning Student’s actions that caused him to be disciplined, and documentation as to what occurred at the manifestation determination individualized education program.
ORDER
1. The complaint is deemed sufficient because it was filed pursuant to title 20
United States Code section 1415(k)(3).
2. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
DATE: October 20, 2017
REBECCA FREIE
Administrative Law Judge Office of Administrative Hearings