The following paragraphs are taken from the information pages which precede OAH’s Request for Mediation and Due Process Hearing form.

The Individuals with Disabilities Education Improvement Act of 2004, which is known as the IDEA, provides due process hearings and mediation to resolve special education disputes. The purpose of the IDEA is to help ensure that children with disabilities receive a free and appropriate public education, known as a “FAPE” that fits each child’s unique needs. The IDEA has very specific requirements regarding the information which must be included in a Complaint. OAH will schedule a due process hearing after you file a Complaint with all of the required information. The attached optional Request for Due Process Hearing and Mediation form Complaint template lists all of the required information.

If you fail to provide the required information, your request for a due process hearing and mediation may be delayed until all of the required information has been provided or the Complaint may be returned to you.

PLEASE READ BEFORE FILLING OUT REQUEST FOR DUE PROCESS HEARING AND MEDIATION – EXCERPTS FROM APPLICABLE FEDERAL STATUTES

The IDEA requires the Request for Due Process Hearings and Mediation,

Complaint, to include:

• “the name of the child, the address of the residence of the child (or available contact information in the case of a homeless child), and the name of the school the child is attending” (20 U.S.C. § 1415 (b)(7)(A)(ii)(I));
• “a description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem” (20 U.S.C. § 1415(b)(7)(A)(ii)(III));
• “a proposed resolution of the problem to the extent known and available to the party at the time” (20 U.S.C. § 1415 (b)(7)(A)(ii)(IV));
• a party, or the attorney representing a party, must provide to the other party a copy of the due process Complaint, along with a copy of the due process Complaint to OAH (20 U.S.C. § 1415 (b)(7)(A)(i));
• “a party may not have a due process hearing until the party, or the attorney representing the party, files a notice that meets the requirements of subparagraph (A)(ii)” (20 U.S.C. § 1415 (b)(7)(B));
• “[The complaint] shall be deemed to be sufficient unless the party receiving the notice notifies the hearing officer and the other party in writing that the receiving party believes the notice has not met the requirements of subsection (b)(7)(A)” (20 U.S.C. § 1415(c)(2)(A)); 
• “… the hearing officer shall make a determination on the face of the notice whether the notification meets the requirements…and shall immediately notify the parties in writing of such determination” (20 U.S.C. § 1415(c)(2)(D));
• “A party may amend its Complaint only if: (I) the other party consents in writing and a Resolution Session is held; or (II) if permitted by the Administrative Law Judge” (20 U.S.C. § 1415(c)(2)(E)(i));
• “The applicable timeline for a due process hearing under this subchapter shall recommence at the time the party files an amended notice …” (20 U.S.C. § 1415(c)(2)(E)(ii)).

If you need assistance to complete this form, or have questions, please contact OAH by telephone at 916-263-0880. Additional information is available on OAH’s website at https://www.dgs.ca.gov/OAH/Case-Types/Special-Education.