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

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

You would request due process 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.
    [34 C.F.R. Sec. 300.507(a); Cal. Ed. Code Sec. 56501(a).]

Under state law, students cannot initiate due process procedures unless they are “emancipated” or are wards or dependents of the court (and where no parent can be identified or located and no “surrogate” parent has been appointed). [Cal. Ed. Code Sec. 56501(a).]

You must file your due process complaint with 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.
    [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).]

You should mail or FAX 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