California OAH special education order · December 13, 2024
Order Determining Due Process Complaint Sufficient
OAH Case No. 2024110407 · ALJ June Lehrman
OAH deemed Student's complaint sufficient because Garden Grove filed its Notice of Insufficiency more than 15 days after receiving the complaint, making the challenge untimely.
Summary
Garden Grove Unified School District challenged the sufficiency of Student's due process complaint. Garden Grove admitted it received the complaint on or around November 13, 2024, but did not file and serve its Notice of Insufficiency until December 2, 2024. That is more than the 15 days the law allows. OAH therefore deemed the complaint sufficient without reviewing its contents and confirmed all mediation, prehearing conference, and hearing dates.
Why it matters
A district that wants to challenge whether a complaint is specific enough must do so within 15 days of receiving it. A late challenge is not considered, and the complaint moves forward as filed.
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.
GARDEN GROVE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024110407
ORDER DETERMINING DUE PROCESS COMPLAINT
SUFFICIENT
DECEMBER 13, 2024
On November 12, 2024, Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, referred to as OAH, naming Garden Grove Unified School District. On December 2, 2024, Garden Grove Unified School District 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).)
Garden Grove admits receiving the complaint on or around November 13, 2024.
Garden Grove’s Notice of Insufficiency was dated, filed with OAH, and served on December 2, 2024, which is more than 15 days after it received Student’s complaint.
District’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 mediation, prehearing conference, and hearing dates in this matter are
confirmed.
IT IS SO ORDERED.
June Lehrman Administrative Law Judge Office of Administrative Hearings