California OAH special education order · February 22, 2022
Order Determining Due Process Complaint Sufficient
OAH Case No. 2022020094 · ALJ Tara Doss
OAH deemed Student's complaint sufficient because Ventura filed its Notice of Insufficiency more than 15 days after receiving the complaint, making the challenge untimely.
Summary
Ventura filed a Motion to Dismiss Issue 2 of Student's complaint or, in the alternative, a Notice of Insufficiency challenging the entire complaint. This order addressed only the Notice of Insufficiency and left the Motion to Dismiss for a separate order. Ventura was served with the complaint on February 1, 2022, but did not file its notice until February 17, 2022, more than 15 days later. OAH therefore found the notice untimely and deemed the complaint sufficient.
Why it matters
A sufficiency challenge must be filed within 15 days of receiving the complaint, or the complaint is automatically deemed sufficient. Parents can rely on this deadline, and a district that misses it loses the chance to challenge the complaint's notice requirements.
Key authority cited
- 20 U.S.C. § 1415(b)
- 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:
PARENTS ON BEHALF OF STUDENT,
v.
VENTURA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022020094
ORDER DETERMINING DUE PROCESS COMPLAINT
SUFFICIENT
FEBRUARY 22, 2022
On February 1, 2022, Student filed a Request for Due Process Hearing, called a complaint, with the Office of Administrative Hearings, called OAH, naming Ventura Unified School District. Also, on February 1, 2022, Student served Ventura with a copy of the complaint. On February 17, 2022, Ventura filed a Motion to Dismiss Issue 2 of the complaint, or in the alternative, a Notice of Insufficiency as to the entire complaint. This Order will only address Ventura’s Notice of Insufficiency. The Motion to Dismiss will be addressed in a separate order.
Parties named in a Request for Due Process Hearing have the right to challenge the complaint’s sufficiency. (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).)
Ventura filed the Notice of Insufficiency more than 15 days after it received the complaint. Thus, Ventura’s Notice of Insufficiency was not timely filed, and Student’s complaint is deemed sufficient.
IT IS SO ORDERED.
Tara Doss Administrative Law Judge Office of Administrative Hearings