Due Process Procedures

How It Works

The student, the parents, or a public education agency may initiate state due process hearing procedures anytime there is a proposal to initiate or change, or a refusal to initiate or change the identification, assessment, educational placement or the provision of a free appropriate public education. Any party to a hearing has the right to be accompanied and advised by counsel and by individuals with special knowledge or training; present evidence and confront, cross-examine and compel the attendance of witnesses; prohibit the introduction of evidence that has not been disclosed five (5) days before the hearing; obtain a written or electronic record of the hearing; and obtain written findings of fact within forty-five (45) days from the receipt of an initial request for a hearing. The decision of the hearing office is final and binding on both parties; however, a party aggrieved by the decision may appeal to a court of competent jurisdiction. Parents have the right to have the student, who is the subject of the state hearing, be present at the hearing and to open the state hearing to the public. Requests for a hearing are to be sent to the Special Education Headquarters, Office of Administrative Hearings (OAH), 2349 Gateway Drive, Suite 200, Sacramento, CA 95833-4231. Requests must include the student's name, residential address, the name of the student's school, a description of the problem, facts about the problem and a proposed resolution. A complete copy of the parent rights may be requested from any of the participating Local Education Agencies (LEAs)to the Desert/Mountain SELPA.
Questions: E-mail Due Process Analyst | Phone: 760-955-3553