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(6.36) What is a “Notice of Insufficiency”?

(6.36) What is a “Notice of Insufficiency”?

A district may file a Notice of Insufficiency (NOI) to ask an ALJ to  determine that your request for a due process hearing is not “sufficient” because it does not clearly describe your problem, dispute or disagreement with the district. If the ALJ finds the request to be insufficient, the ALJ will usually allow you to file an amended complaint. [20 U.S.C. Sec. 1415(c)(2); 34 C.F.R. Sec. 300.508(d); Cal. Ed. Code Sec. 56502(d), (e).]

The district must file a NOI with OAH within 15 days of receiving your complaint and must send you a copy as well. An ALJ must rule on the NOI within five days. [20 U.S.C. Secs. 1415(c)(2)(C)-(D); 34 C.F.R. Sec. 300.508(d); Cal. Ed. Code Sec. 56502(d)(1).] A parent also has the right to file a NOI.

If you have to file an amended complaint, the 45-day timeline to complete the hearing process (including a resolution session or mediation and issuing a decision) begins again.

[20 U.S.C. Sec. 1415(c)(2)(E)(ii); 34 C.F.R. Sec. 300.508(d)(4); Cal. Ed. Code Sec. 56502(e).]