• There is a proposal to initiate or change the identification, assessment, or educational placement of the child or the provision of the free appropriate education to the child.
• There is a refusal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free appropriate education to the child.
• The parent refuses to authorize the assessment of the child.
• There is a disagreement between a parent or guardian and a LEA, special education local plan area, or county office regarding the availability of a program appropriate for the child, including the question of financial responsibility.
The following steps are required when initiating a due process hearing:
Requests for a hearing are sent by the parent (or if the LEA is requesting a hearing, by the LEA) to the Office of Administrative Hearings (OAH), Special Education Division, 2349 Gateway Oaks 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 due process hearing may not take place until the party or the attorney representing the party files a notice that meets these requirements. The LEA notifies the SELPA Due Process Office and forwards the LEA and school files. The SELPA Program Manager contacts the parents regarding their request for due process and to discuss their concerns. The Office of Administrative Hearings (OAH) appoints a mediator and schedules a mediation date as well as a date for the hearing. The mediation hearing and hearing decision must be completed within 45 days of the receipt of the parents’ or LEA ’s request.
The Due Process Program Manager reviews the file and case with the LEA director, LEA staff, and SELPA staff as appropriate and discusses options for resolving the issues.
The parent or LEA may waive mediation and proceed directly to hearing.
If the mediation process does not resolve the issue, the SELPA attorney, in consultation and cooperation with the LEA director and the Due Process Program Manager:
a) Prepares the case, including the list of witnesses and written evidence/documentation
b) Prepares the witnesses for their testimony
c) Presents the case in hearing
d) Assists the LEA staff in the implementation of the decision
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 107
As of 11/18/2016
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