Appendix D: Frequently Asked Questions (FAQs) Mediation and Due Process
Answer : Any agreement reached during mediation must be to the satisfaction of all parties and must be consistent with the requirements of federal and state law. The agreement will be written up by the mediator and signed by the parties. Each party will receive a copy of the mediation agreement. 12. Question: What happens if an agreement is not reached during the mediation? Answer : If the dispute is not resolved during the mediation conference, the parties have the option of requesting a state-level hearing. The mediator will assist the parties in specifying any unresolved issues to be included in the hearing request. The parent, student, and public education agency involved may initiate the due process hearing procedures prescribed in Education Code Sections 56500-56509 under any of the following circumstances: • 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.
BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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