The OAH thoroughly reviews a request for due process (known as a “complaint”) to make sure that the request is clear to both the parent and the district. You need to make sure your problems, disputes or disagreements are matters which an Administrative Law Judge (ALJ) is authorized to consider. Also, your complaint must contain a description of each problem and your proposed solution. The problem, dispute or disagreement you can address through due process must fall into at least one of the categories listed below:
- The district proposes to initiate or change your child’s disability eligibility or eligibility category and you disagree;
- The district proposes to conduct an evaluation or re-evaluation of your child and you refuse to give consent for the assessment (in this case, the district is most likely to request due process);
- The district proposes to initiate or change your child’s educational placement and you disagree. If the district proposes to change your child’s placement, either you or the district could request due process to resolve a dispute;
- The district proposes to initiate or change the provision of FAPE for a student. If there is a disagreement concerning FAPE, either the parent or school could request due process to resolve a dispute.
- You ask the district to find a student eligible for special education and the district refuses;
- You asked to change a student’s special education eligibility category and the district refuses;
- You ask for an assessment of the student and the district refuses;
- You ask for a certain placement or to change your child’s existing placement and the district refuses;
- You ask for certain special education services or to change the student’s IEP and the district refuses;
- You and the district, County Office of Education, and/or Special Education Local Plan Area (SELPA) disagree about the availability of an appropriate program, and which district or educational agency is financially responsible for providing it to the student.
[Cal. Ed. Code Sec. 56501(a).]