Appendix D: Frequently Asked Questions (FAQs)
Mediation and Due Process
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?
Answer : The law requires that the hearing be held, and a written decision mailed within 45 days of the receipt of the request for hearing. However, the 45 days can be extended by a continuance or postponement of the hearing.
7. Question: When is it permissible to have a continuance or postponement of the hearing?
Answer : A continuance request is a motion to postpone the hearing. The law provides that either party may request a continuance of the hearing for good cause. If the Office of Administrative Hearings determines there is good cause, the hearing will be continued or postponed, and the 45-day time limit will be extended by the number of days of the continuance or postponement.
8. Question: What does it mean to take the hearing off the calendar?
BP 1001 – Procedural Safeguards
Page 55
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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