Appendix D: Frequently Asked Questions (FAQs)
Mediation and Due Process
Answer: To put documents into evidence, the party presents documents to the hearing officer and asks that they be put into evidence. Normally this is done at the beginning of the hearing. Remember that all parties must provide copies of the documents they wish to offer as evidence to the other parties and to the Hearing Office five business days prior to the hearing.
18. Question: How does one get a witness to come to the hearing?
Answer: The party requesting the presence of the witness should first contact the witness and ask him or her to come to the hearing voluntarily. Parents wishing to call a witness who is an employee of the school may contact the school representative and ask for assistance in making the witness available. If a witness refuses to attend the hearing and a party believes that the witness is important to its case, the party may serve the person with a subpoena requiring his or her attendance. The subpoena may be requested by telephoning or writing the Office of Administrative Hearings. The Office of Administrative Hearings may ask for the name of the person to be served and an explanation of why that witness is needed.
19. What law should one read and where can one locate it?
Answer: There are four primary sources of law relating to special education and to hearings and mediations: California State statutes and regulations and federal statutes and regulations. Most of the state statutes relating to special education are contained in the Education Code. Part 30 of the Education Code from Section 56000 through Section 56885 contains the primary statutes relating to special education. Sections 56500-56509 contain the law relating to hearings and mediations. There are a number of sections in other state codes that also relate to special education, including the Administrative Procedure Act, found in the California Government Code.
Regulations of the State Board of Education relating to special education are contained in Title 5 of the California Code of Regulations (CCR), Sections 3000-3089.
The California Department of Education publishes A Composite of Laws relating to special education, which includes all relevant state statutes and regulations. A copy can be obtained by writing or calling the Special Education Hearing Office. Federal statutes are contained in the United States Code, Volume 20, Sections 1400-1420. Also see the Individuals with Disabilities Education Improvement Act of 2004. The federal regulations on special education are contained in the Code of Federal Regulations (CFR). To review a copy of the United States Code or the Code of Federal Regulations, a person may need to visit his or her local library or county law library.
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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