Menu Close

(6.28) When would I request a due process hearing?

(6.28) When would I request a due process hearing?

Print this Page

You would request a due process hearing after an IEP meeting: 

  • if you disagree with the special education eligibility category, the assessment results, the placement, or the services being proposed by the district; or 
  • when the district refuses to change the eligibility category, assessment, placement, or a service for your child which you believe is necessary; or 
  • if you and the district disagree about the availability of an appropriate program for your child.[1]

Under state law, students who are minors cannot initiate due process procedures unless they are “emancipated” or are wards or dependents of the court (and where no parent/guardian/other education rights holder can be identified or located and no “surrogate” parent has been appointed).[2]

You must file your due process complaint with the Office of Administrative Hearings (OAH) within two years from the date you knew (or had reason to know) of the facts underlying the basis for your complaint. This deadline does not apply if you were prevented from filing a complaint because the district: 

  1. made a “specific misrepresentation” to you that it had resolved the problem you are complaining about; or 
  2. withheld information from you that it was legally required to provide.[3]

You can learn how to file your written complaint online at:
https://www.dgs.ca.gov/OAH/Services/Page-Content/Office-of-Administrative-Hearings-Services-List-Folder/File-or-Upload-OAH-Case-Documents

Alternatively, you can mail your written complaint to: Office of Administrative Hearings 
Special Education Division 
2349 Gateway Oaks Drive 
Sacramento, CA 95833 
Fax: (916) 376-6319 
Tel: (916) 263-0880

  1. 34 C.F.R. Sec. 300.507(a); Cal. Ed. Code Sec. 56501(a).[↩]
  2. Cal. Ed. Code Sec. 56501(a).[↩]
  3. 20 U.S.C. Secs. 1415(b)(6)(B) & (f)(3)(D); 34 C.F.R Secs. 300.507(a)(2) & 300.511(f); Cal. Ed. Code Sec. 56505(l).[↩]