Menu Close

(J) Requests for Mediation and/or Due Process Hearing (Due Process Complaint)

(J) Requests for Mediation and/or Due Process Hearing (Due Process Complaint)

The Office of Administrative Hearings (OAH) provides blank forms for requesting mediation-only or for requesting a due process hearing (also known as filing a due process complaint) at the following links:

Request for Mediation Only: 

https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Forms/Request-for-Mediation-Only-Form

Request for Mediation and Due Process Hearing:

https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Forms/Request-for-Mediation-and-Due-Process-Hearing-Form

Alternatively, if the above links do not work, the forms can be accessed as follows:

  1. Go to https://www.dgs.ca.gov/OAH.
  2. Click on “Forms.” 
  3. Click on “Special Education Forms”
  4. If you are asking for a due process hearing, click on “Request for Mediation and Due Process Hearing,” or click on “Request for Mediation Only,” if you are only requesting Mediation. 

You may also call the Office of Administrative Hearings (OAH) for forms at (916) 263-0880. FAX: (916) 376-6319.

Another important form on the OAH website is the “Request for Continuance” form, which you would use if you need more time and want to try to postpone the date of a Hearing or Mediation. A blank “Request for Continuance” Form is available at this link: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Forms/Request-to-Continue-Due-Process-Hearing-Form

OAH’s website also provides a self-help handbook containing an overview of special education laws and procedures, as well as links to related forms, which is titled, “Self-Help Information for Special Education Cases,” and is available at this link: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Self-Help

To ensure your request for a Due Process Hearing, Mediation, or a continuance of a scheduled Hearing or Mediation are processed most efficiently, it is probably best to use one of OAH’s forms. 

The party that files a request for mediation-only or for due process is required to serve the other party. In other words, you must provide the school district with copies of any documents you file against the district. Information about how to file the completed forms and serve the document on the other party is available on the OAH website at the following link: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Services/Page-Content/Special-Education-Services-List-Folder/File-and-Serve-Documents-in-Special-Education-Case