California OAH special education order · November 7, 2022
Order Denying Student's Notice of Insufficiency
OAH Case No. 2022100598 · ALJ Alexa Hohensee
OAH denied Student's notice of insufficiency against El Dorado's expedited complaint because federal law makes no provision for sufficiency challenges in expedited hearings, which must start within 20 school days.
Summary
In October 2022, El Dorado filed an expedited due process complaint against Parent on behalf of Student. Student filed a notice of insufficiency challenging the complaint. OAH denied it. OAH explained that expedited hearings under 20 U.S.C. section 1415(k)(3) cover disciplinary matters and must begin within 20 school days, that the statute has no process for testing a complaint's sufficiency in these hearings, and that there is not enough time to complete that process.
Why it matters
Families cannot use a notice of insufficiency to challenge a district's expedited, discipline-related complaint. They should prepare to respond on the merits quickly, because the hearing must start within 20 school days.
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 EXPEDITED MATTER OF:
EL DORADO UNION HIGH SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2022100598
ORDER DENYING STUDENT’S NOTICE OF INSUFFICIENCY
NOVEMBER 7, 2022
On October 20, 202, El Dorado Union High School District, called El Dorado, filed an expedited due process hearing request, called a complaint, with the Office of Administrative Hearings. The complaint named Parent on behalf of Student. On November 4, 2022, Student filed a notice of insufficiency as to the complaint.
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).
However, title 20 United States Code section 1415(k)(3) permits a party to request a hearing that is expedited for specific reasons. Specifically, an expedited hearing can be requested 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. There is insufficient time to complete the notice of insufficiency process in expedited hearings.
Accordingly, Student’s notice of insufficiency in this expedited matter is denied.
IT IS SO ORDERED.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings