California OAH special education order · June 21, 2019
Order Determining Due Process Complaint Sufficient
OAH Case No. 2019051252 · ALJ Tara Doss
OAH deemed Student's complaint sufficient because Tehachapi filed its Notice of Insufficiency more than 15 days after receiving the complaint, missing the legal deadline.
Summary
Tehachapi challenged the sufficiency of Student's due process complaint. Student served the complaint on Tehachapi on May 29, 2019, but Tehachapi did not file its Notice of Insufficiency until June 20, 2019. Because a sufficiency challenge must be made in writing within 15 days of receiving the complaint, OAH found the challenge untimely and deemed the complaint sufficient. The prehearing conference and hearing dates stayed as scheduled.
Why it matters
A complaint is automatically treated as sufficient unless the other side objects within 15 days of receiving it, so a late challenge fails without any review of the complaint's content. The 15 days run from when the complaint was received, not from the date OAH later sets as the filing date.
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. 2019051252 v. ORDER DETERMINING DUE
PROCESS COMPLAINT SUFFICIENT
TEHACHAPI UNIFIED SCHOOL
DISTRICT.
On May 30, 2019, Student filed a Request for Due Process Hearing with the Office of Administrative Hearings, naming Tehachapi Unified School District. On June 20, 2019, 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 OAH 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
According to the proof of service, Student filed his complaint with OAH and provided Tehachapi with a copy on May 29, 2019. Tehachapi’s Notice of Insufficiency confirms Student filed his complaint on May 29, 2019. Student filed his complaint with OAH after the close of business on May 29, 2019, so OAH set the complaint’s filing date as May 30, 2019.
Tehachapi filed its Notice of Insufficiency with OAH and provided Student with a copy on June 20, 2019, which is more than 15 days after it received the complaint. Tehachapi did not file its Notice of Insufficiency within the legally required time period. Therefore, Student’s complaint is sufficient.
ORDER
1. Student’s complaint is sufficient under title 20 United States Code section
1415(c)(2)(C) and Education Code section 56502, subdivision (d)(1).
2. The prehearing conference and due process hearing dates in this case remain
as scheduled.
DATE: June 21, 2019
TARA DOSS
Administrative Law Judge Office of Administrative Hearings