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(12.29) What happens at a due process hearing?

(12.29) What happens at a due process hearing?

The hearing is conducted by an impartial ALJ who has no personal or professional interest which would conflict with their objectivity and who is knowledgeable about the relevant laws. The ALJ must listen to the different witnesses who testify for both sides and examine the evidence presented. The ALJ must mail you a written decision, which includes findings of fact, within 30 days of the time you or the service agency requested a due process mediation or hearing.[1]

For information prepared by DDS on due process and complaint procedures — and a general overview of parents’/guardian’s/other education rights holder’s rights and responsibilities — https://www.dds.ca.gov/wp-content/uploads/2025/03/Parents-Rights-booklet-2024_v6.pdf. Also, see Chapter 6, Information on Due Process/Compliance Procedures.

  1. 17 C.C.R. Sec. 52174.[]