California OAH special education order · November 28, 2022
Order of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2022110044 · ALJ Cole Dalton
OAH deemed Student's complaint sufficient because Ross Valley filed its notice of insufficiency 16 days after being served by fax, missing the 15-day deadline; the intervening holiday did not extend the time.
Summary
Ross Valley challenged the sufficiency of Student's due process complaint. Student filed and served the complaint by fax on October 31, 2022, and Ross Valley filed its notice of insufficiency on November 16, 2022. Ross Valley said it received the complaint on November 1, but it offered no evidence against the proof of service showing fax service on October 31. Because neither the IDEA nor California law extends the 15-day deadline for a legal holiday, OAH found the notice untimely, deemed the complaint sufficient, and confirmed all dates.
Why it matters
A sufficiency challenge must be filed within 15 days of receiving the complaint, counted from the date on the proof of service. Holidays do not extend this deadline, so a late challenge is simply not considered.
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:
PARENTS ON BEHALF OF STUDENT,
v.
ROSS VALLEY SCHOOL DISTRICT.
OAH CASE NUMBER 2022110044
ORDER OF DETERMINATION OF SUFFICIENCY OF DUE
PROCESS COMPLAINT
NOVEMBER 28, 2022
On October 31, 2022, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Ross Valley School District. On November 16, 2022, Ross Valley 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).
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
Ross Valley filed their notice of insufficiency on November 16, 2022, 16-days after Student filed their complaint on October 31, 2022. Ross Valley alleges that it received the complaint on or about November 1, 2022. However, the proof of service attached to the complaint reflects service by facsimile on the date of filing, October 31, 2022.
Ross Valley provided no evidence to the contrary. Although a legal holiday fell on November 11, 2022, neither the IDEA nor California law extends the time for filing a notice of insufficiency because of an intervening legal holiday. Ross Valley’s notice of insufficiency was not timely filed. Accordingly, the complaint is deemed sufficient.
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.
IT IS SO ORDERED.
Cole Dalton Administrative Law Judge Office of Administrative Hearings