California OAH special education order · June 9, 2026
Order Determining Due Process Complaint Sufficient
OAH Case No. 2026051000 · ALJ Jeanie Min
OAH deemed Student's complaint sufficient because Baldwin Park filed its notice of insufficiency after 5:00 PM on June 4, so it counted as filed June 5, outside the 15-day deadline.
Summary
Student filed a due process complaint against Baldwin Park on May 20, 2026, and Baldwin Park challenged it with a notice of insufficiency. The notice was filed after 5:00 PM on June 4, 2026, so it was treated as filed June 5. OAH found that this was more than 15 days after Baldwin Park received the complaint, so the challenge was untimely. The complaint was deemed sufficient and all prehearing conference and hearing dates were confirmed.
Why it matters
A complaint is automatically treated as sufficient unless a challenge is filed within 15 days of receiving it. Anything filed after 5:00 PM counts as filed the next day, so a late filing can lose the right to challenge the complaint.
Key authority cited
- 20 U.S.C. § 1415(b) & (c)
- 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:
PARENT ON BEHALF OF STUDENT,
v.
BALDWIN PARK UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2026051000
ORDER DETERMINING DUE PROCESS COMPLAINT
SUFFICIENT
JUNE 9, 2026
On May 20, 2026, Student filed a request for due process hearing, called a complaint, with the Office of Administrative Hearings, called OAH, naming Baldwin Park Unified School District. On June 5, 2026, Baldwin Park 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).)
Student filed his complaint on May 20, 2026. Baldwin Park filed its notice of insufficiency after 5:00 PM on June 4, 2026, and was deemed filed on June 5, 2026, which is more than 15 days after it received Student’s complaint. Baldwin Park’s notice of insufficiency was not timely filed within 15 days of the complaint’s filing. 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.
Jeanie Min Administrative Law Judge Office of Administrative Hearings