to you. Requests for a hearing are to be sent to the Special Education Headquarters, Office of Administrative Hearings, 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; in the case of a homeless child, available contact info rmation and the name of the school the child is attending; and 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.
Due Process Rights:
You have a right to:
• A fair and impartial administrative hearing at the State level before a person who is knowledgeable of the laws governing special education and administrative hearings; • Be accompanied and advised by an attorney and/or individuals who have knowledge about children with disabilities;
• Present evidence, written arguments, and oral arguments;
• Confront, cross-examine, and require witnesses to be present;
• Receive a written or electronic verbatim record of the hearing, including findings of fact and decisions;
• Have your child present at the hearing;
• Have the hearing open or closed to the public;
• Be informed by the other parties of the issues and their proposed resolution of the issues at least 10 calendar days prior to the hearing; • Within five business days before a hearing, receive a copy of all documents, including assessments completed by that date and recommendations, and a list of witnesses and their general area of testimony;
Have an interpreter provided;
•
• Request an extension of the hearing timeline;
• Have a mediation conference at any point during the hearing; and
• Receive notice from the other party at least 10 days prior to the hearing that it intends to be represented by an attorney.
Filing a Written Due Process Complaint:
Whenever a request for a due process hearing has been filed, you and the LEA have the opportunity for an impartial due process hearing which is conducted by officials of the
Chapter 7 – Procedural Safeguards, Desert/Mountain SELPA
Page 19
As of 03/15/2013
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