California OAH special education order · June 11, 2018
Order Deeming Due Process Complaint Sufficient
OAH Case No. 2018050981 · ALJ Christine Arden
OAH deemed Student's complaint sufficient because District filed its notice of insufficiency 19 days after receiving the complaint, missing the 15-day statutory deadline.
Summary
District filed a Notice of Insufficiency challenging Student's due process complaint. OAH did not reach the merits of the challenge. District received the complaint on May 18, 2018, but did not file and serve its notice until June 6, 2018, more than 15 days later. Because the notice was untimely, the complaint was deemed sufficient by law, and 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. If it is late, the complaint is automatically deemed sufficient no matter how it is written, so parents can rely on this deadline to keep their case moving.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(C)
- Ed. Code, § 56502, subd. (d)(1)
- 20 U.S.C. § 1415(b)(7)(A)
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. 2018050981 v. ORDER DEEMING DUE PROCESS
COMPLAINT SUFFICIENT
LAMMERSVILLE JOINT UNIFIED
SCHOOL DISTRICT.
On May 18, 2018 Student filed a Due Process Hearing Request1 (complaint) with the Office of Administrative Hearings naming Lammersville Joint Unified School District.
Student served District with his complaint on May 18, 2018. On June 6, 2018, District filed a Notice of Insufficiency (NOI) 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).)
A complaint is sufficient if it contains: (1) a description of the nature of the problem of the child relating to the proposed initiation or change concerning the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child; (2) facts relating to the problem; and (3) a proposed resolution of the problem to the extent known and available to the party at the time. (20 U.S.C.
§ 1415(b)(7)(A)(ii)(III) & (IV).) These requirements prevent vague and confusing complaints, and promote fairness by providing the named parties with sufficient information to know how to prepare for the hearing and how to participate in resolution sessions and 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).
mediation. (See H.R.Rep. No. 108-77, 1st Sess. (2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.)
The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” (Sen. Rep. No. 108-185, supra, at p. 34.) The pleading requirements should be liberally construed in light of the broad remedial purposes of the IDEA and the relative informality of the due process hearings it authorizes. (Alexandra R. ex rel. Burke v. Brookline School Dist. (D.N.H., Sept. 10, 2009, CIV. 06-CV-0215-JL) 2009 WL 2957991[nonpub. opn.]; Escambia County Bd. of Educ. v.
Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248, 1259-1260; Sammons v. Polk County School Bd. (M.D. Fla., Oct. 28, 2005, 8:04CV2657T24EAJ) 2005 WL 2850076 [nonpub. opn.]; but cf. M.S.-G v. Lenape Regional High School Dist. Bd. of Educ. (3d Cir. 2009) 306 Fed.Appx.
772, 775 [nonpub. opn.].) Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. (Assistance to States for the Educ. of Children with Disabilities & Preschool Grants for Children with Disabilities (Aug. 14, 2006) 71 FR 46,540-46541, 46699.)
DISCUSSION
Student’s complaint was filed on May 18, 2018. District’s NOI indicates that it received that it received Student’s complaint on May 18, 2018. District’s NOI was dated, filed with OAH, and served on June 6, 2018, 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.
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 11, 2018
CHRISTINE ARDEN
Administrative Law Judge Office of Administrative Hearings