California OAH special education order · May 16, 2023
Order Determining Due Process Complaint Sufficient
OAH Case No. 2023040649 · ALJ Paul H. Kamoroff
OAH deemed Student's complaint sufficient because Berkeley filed its Notice of Insufficiency more than 15 days after receiving the complaint, making the challenge untimely.
Summary
Berkeley filed a Notice of Insufficiency challenging Student's due process complaint on May 12, 2023. Student had filed the complaint on April 19, 2023. Because Berkeley's notice came more than 15 days after it received the complaint, OAH found the challenge untimely. Under federal and state law the complaint was therefore deemed sufficient, and all prehearing conference and hearing dates were confirmed.
Why it matters
A district must challenge a complaint's sufficiency within 15 days of receiving it. If it misses that deadline, the complaint is automatically deemed sufficient, whatever its content.
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)
- Sen. Rep. No. 108-185
- 71 FR 46540-46541, 46699
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,
v.
BERKELEY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023040649
ORDER DETERMINING DUE PROCESS COMPLAINT
SUFFICIENT
MAY 16, 2023
On April 19, 2023, Parent on behalf of Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, called OAH, naming Berkeley Unified School District, called Berkeley. On May 12, 2023, Berkeley 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).
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).)
A complaint is sufficient if it: (1) describes the problem relating to the proposed change regarding the Student’s identification, evaluation, or educational placement, or providing the Student a free appropriate public education; (2) includes facts about the problem; and (3) includes a proposed resolution to the extent known and available to the party at the time. (20 U.S.C. § 1415(b)(7)(A)(ii)(III) & (IV).) These requirements prevent vague and confusing complaints, and promote fairness by providing the named parties with sufficient information to know how to prepare for the hearing and how to participate in resolution sessions and mediation. (See H.R.Rep. No. 108-77, 1st Sess.
(2003), p. 115; Sen. Rep. No. 108-185, 1st Sess. (2003), pp. 34-35.)
The complaint provides enough information when it provides “an awareness and understanding of the issues forming the basis of the complaint.” (Sen. Rep. No. 108- 185, supra, at p. 34.) The pleading requirements should be liberally construed in light of the broad remedial purposes of the IDEA and the relative informality of the due process hearings it authorizes. (Alexandra R. ex rel. Burke v. Brookline School Dist. (D.N.H., Sept.
10, 2009, CIV. 06-CV-0215-JL) 2009 WL 2957991[nonpub. opn.]; Escambia County Bd. Of Educ. V. Benton (S.D. Ala. 2005) 406 F.Supp.2d 1248, 1259-1260; Sammons v. Polk County School Bd. (M.D. Fla., Oct. 28, 2005, 8:04CV2657T24EAJ) 2005 WL 2850076 [nonpub. opn.]; but cf. M.S.-G v. Lenape Regional High School Dist. Bd. Of Educ. (3d Cir.
2009) 306 Fed.Appx. 772, 775 [nonpub. opn.].) Whether the complaint is sufficient is a matter within the sound discretion of the Administrative Law Judge. (Assistance to States for the Educ. Of Children with Disabilities & Preschool Grants for Children with Disabilities (Aug. 14, 2006) 71 FR 46,540-46541, 46699.)
Student’s complaint was filed on April 19, 2023. Berkeley’s Notice of Insufficiency was dated, filed with OAH, and served on May 12, 2023, which is more than 15 days after it received Student’s complaint. Berkeley’s Notice of Insufficiency was not timely filed. Therefore, Student’s 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 prehearing conference and hearing dates in this matter are confirmed.
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings