Due Process

On occasion, members of the Individualized Education Program (IEP) team may not be able to come to agreement as to what is best for your child, even after trying to come to agreement through the Alternative Dispute Resolution (ADR) process. Special education law provides specific steps for resolving those conflicts. If you continue to disagree, you may file for Due Process. Due Process is a formal legal process in which people from the State Department of Education step in to assist with resolving the conflict. It can be requested by the parent/guardian, student, or the school district. 

If you file for Due Process, your school district will offer a Resolution Session. A good-faith effort will be made to come to agreement with you at the district level before the state steps in. Resolution Sessions are completely optional, and you will choose whether or not you wish to participate.

To request a due process hearing, a written letter must be sent to the Office of Administrative Hearings (OAH). The letter should include the student’s name and address, the school they attend, a short explanation of the problem, and a proposed solution.

Requests can be mailed to:
Office of Administrative Hearings (OAH)
Special Education Division
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833-4231

Please visit the Office of Administrative Hearings (OAH) website for access to the Due Process Guide or to download the Mediation or Due Process forms.