Frequently Asked Questions and Answers Regarding the Hearing Process
1. Question: How does one request a hearing?
Answer : 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.
2. Question: How will the parties be notified that a hearing has been requested?
Answer : Upon receipt of a request for a hearing, the Office of Administrative Hearings will promptly notify all parties regarding the date the hearing has been scheduled. The same notice will explain that a mediation conference has also been scheduled in the hope that a resolution of the dispute can occur without the case having to go to a hearing.
3. Question: Will a mediation conference be scheduled even if the parties have already attempted mediation prior to requesting a hearing?
Answer : Yes. The law requires that the Special Education Hearing Office encourage mediation at all stages of the hearing process as a preferred method of resolving the dispute. Therefore, a mediation conference will automatically be scheduled whenever there is a hearing request, unless that request specifically waives mediation.
4. Question: Will attorneys be able to participate in mediations that take place when a hearing request has been filed?
Answer : Yes. The law allows a party to be represented by an attorney at all stages of the hearing process. Any mediation that takes place when a hearing has been requested is considered part of the hearing process and, therefore, the parties have a right to be represented by attorneys during the mediation.
5. Question: When will the mediation and hearing be scheduled?
Answer : The mediation conference is usually scheduled for a date approximately 15 days after a hearing request is received. The initial hearing date is usually set for approximately 25 days after the hearing request is received. All parties will receive notice of the time and place of the hearing and the time and place of the mediation in the same notice. The hearing may be postponed to another date if mediation is continued and the parties agree to the postponement. If the hearing is postponed, the parties will receive a notice of the new date and time of the hearing.
6. Question: How long will the hearing process take?
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 108
As of 11/18/2016
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