Menu Close

(12.30) What happens at a due process hearing?

(12.30) 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 his objectivity and who is knowledgeable about the relevant laws. He must listen to the different witnesses who testify for both sides and examine the evidence presented. He 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. [17 C.C.R. Sec. 52174.]

For information prepared by DDS on due process and complaint procedures — and a general overview of parents’ rights and responsibilities — visit http://dds.ca.gov/EarlyStart/docs/Parents_Rights_Guide_Sum_Eng.pdf. Also, see Chapter 6, Information on Due Process/Compliance Procedures.