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(6.39) May a district file a Notice of Insufficiency if it did not give you prior written notice before you filed your due process complaint?

(6.39) May a district file a Notice of Insufficiency if it did not give you prior written notice before you filed your due process complaint?

Yes. Even if the district never sent you a “prior written notice” before you filed, the district can still claim that your complaint is not clear enough or is insufficient. [20 U.S.C. Sec. 1415(c)(2)(B)(i)(II); 34 C.F.R. Sec. 300.508(e)(2).]