California OAH special education order · October 3, 2018
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2018090646 · ALJ Tiffany Gilmartin
OAH deemed Student's complaint sufficient because Tehachapi filed and served its notice of insufficiency 16 days after receiving the complaint, missing the 15-day statutory deadline.
Summary
Tehachapi filed a Notice of Insufficiency challenging Student's due process complaint. OAH did not reach the merits. Although the notice was signed October 2, the proof of service and file stamp showed it was filed and served on October 3, 2018, 16 days after the complaint was filed. Because a complaint is deemed sufficient unless challenged within 15 days, OAH deemed the complaint sufficient and confirmed all scheduled dates.
Why it matters
The 15-day deadline to challenge a complaint's sufficiency is strict, and OAH looks at the filing and service date, not the date the notice was signed. A late notice means the complaint goes forward no matter what the challenge says.
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. 2018090646 v. ORDER OF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
TEHACHAPI UNIFIED SCHOOL COMPLAINT
DISTRICT.
On September 17, 2018 Student filed a Due Process Hearing Request 1 (complaint)
with the Office of Administrative Hearings naming Tehachapi Unified School District. On October 3, 2018 Tehachapi 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 September 17, 2018. Tehachapi indicates in its NOI Student’s request for Due Process was dated September 17, 2018. Tehachapi’s NOI was signed and dated October 2, 2018. However, Tehachapi’s proof of service and file stamp indicate it was filed and served on Student and OAH on October 3, 2018, which is 16 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: October 3, 2018
TIFFANY GILMARTIN
Administrative Law Judge Office of Administrative Hearings