Appendix D: Frequently Asked Questions (FAQs)
Mediation and Due Process
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 DMSELPA 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 DMSELPA 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
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.
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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