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Due Process Hearing

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Due Process or a Compliance Complaint?
Due process procedures involve a disagreement over what a student's program should include. A compliance complaint is when you believe the district did not follow the rules or do what is written in the IEP.
scalesDue Process Hearing
Due Process is a legal term that refers to timely steps that protect the rights of each person; your child, you, and the school staff. It ensures that each child is treated fairly.
 
Mediation after requesting a hearing
If you request a hearing, your case will automatically be assigned to a mediator unless you and the District agree to waive the mediation. The mediation process is the same as the Pre-hearing Mediation Conference, except both you and the district may use attorneys in the mediation conference.

Key things to know about a due process hearing:
  • It is a formal procedure before a judge from the Office of Administrative Hearings (OAH) that allows you to bring evidence and witnesses.
  • The judge makes a final decision on the issues.
  • You may request a hearing by writing to the Special Education Hearing Office within two years of the date of the alleged action of the complaint.
  • The school district also has the right to request a due process hearing.
 
During the hearing procedures you and the district have the following rights:
  • To obtain a due process hearing date within a specific time after a written request is received.
  • To be represented by an attorney.
  • To present evidence, question, cross-examine, and require the attendance of witnesses.
  • To obtain a word-for-word record of the proceedings at the hearing.
  • To obtain a written report of the findings of the hearing and the decision reached.
  • To appeal the judge’s final decision in court.
 
You may request a pre-hearing mediation conference or a due process hearing by sending your written request to:
Letter icon
Office of Administrative Hearings (OAH)
 
Attention: Special Education Division
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833-4231
 
(916) 263-0880 - FAX (916) 263-0890
 
The OAH can also be contacted by email using the Secure e-File Transmission (SFT) system. The SFT may be found on the OAH website.