California OAH special education order · March 30, 2022
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2022030872 · ALJ Tiffany Gilmartin
OAH denied Madera County Superintendent of Schools' sufficiency challenge because Student's complaint raised expedited issues, and the IDEA provides no way to challenge the sufficiency of an expedited complaint.
Summary
Parent filed a due process complaint against Chowchilla Elementary School District and Madera County Superintendent of Schools. Madera County Superintendent of Schools filed a Notice of Insufficiency. OAH denied it because the complaint raised issues that must be decided through an expedited hearing. The IDEA's expedited hearing provisions in 20 U.S.C. section 1415(k)(3) do not allow sufficiency challenges, and the 20-school-day timeline leaves no time for that process. All mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
Families who file expedited discipline-related complaints, such as appeals of manifestation determinations or disciplinary placements, cannot have those complaints delayed by a district's sufficiency challenge. The expedited timeline stays in place.
Key authority cited
- 20 U.S.C. § 1415(b)
- 20 U.S.C. § 1415(c)
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(k)(3)
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.
CHOWCHILLA ELEMENTARY SCHOOL DISTRICT AND MADERA
COUNTY SUPERINTENDENT OF SCHOOLS.
OAH CASE NUMBER 2022030872
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
MARCH 30, 2022
On March 25, 2022, Parent filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Chowchilla Elementary School District and Madera County Superintendent of Schools.
On March 30, 2022, Madera County Superintendent of Schools filed a Notice of Insufficiency as to the complaint.
APPLICABLE LAW
The named parties 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).
Title 20 United States Code section 1415(k)(3) permits a party to request an expedited hearing for specific reasons. Specifically, an expedited hearing can be requested to appeal to appeal 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 start within 20 school days from the hearing request. There is no provision for expedited hearings under section 1415(k) to test the complaint’s sufficiency. Indeed, there is insufficient time to complete the NOI process in expedited hearings.
DISCUSSION
This matter was filed on March 25, 2022. Parents raised issues required to be determined through an expedited hearing process. The IDEA does not provide a mechanism to challenge the sufficiency of an expedited complaint.
ORDER
1. The Order requesting sufficiency is denied.
2. All mediation, prehearing conference, and hearing dates in this matter are
confirmed.
IT IS SO ORDERED.
Tiffany Gilmartin Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings