When meeting with your child’s IEP team, you may not agree with their decisions and recommendations. If, in fact, the school district has violated your child’s right to an education, then you can file a Request for a Hearing and Mediation with the California Office of Administrative Hearings (OAH) Special Education Division. When a Settlement Agreement is not reached during the Resolution Session or the Mediation, the next step is a due process hearing.
At Lavian Law Firm, APC, we focus our practice on helping children with disabilities and their families with their education goals. Our commitment extends beyond providing legal support; we actively engage in the mediation process, fostering a non-confrontational environment where parties collaborate to resolve issues amicably. In instances where resolution through mediation is unattainable, we stand ready to guide you through the due process hearing step, ensuring your child’s educational rights are advocated for and protected, always.
What To Expect At A Due Process Hearing
When attending the due process hearing, you have the right to have an attorney present to represent your interests. Your attorney will prepare you for what to expect at your specific hearing, but the following is a summary of what happens at a typical due process hearing.
An administrative law judge (ALJ) will preside over the hearing, and all parties will have the opportunity to present evidence. After reviewing the evidence, the ALJ will issue a decision. The entire process can take several days.
Evidence presented can include testimony from witnesses and documentation supporting a party’s stance on the issues being decided. There may be objections entered during the presentation of evidence, and the ALJ will determine admissibility.
Involved parties will also have the opportunity to summarize their position with a closing argument. The ALJ’s decision will typically include their factual findings, relevant facts, and conclusions of law.
Early Resolution Meeting
The IDEA clarifies the rights parents have during due process proceedings. Any parent involved in the process has the right to an impartial due process hearing. Prior to the meeting, an Early Resolution Meeting is held unless all parties agree to waive this requirement or participate in mediation. This meeting should be held within 15 days of receipt of the parents’ complaint and include someone with decision-making authority. Unless the parents have an attorney present, the representative agency is not allowed to have an attorney present.
Should the matter not be resolved at this meeting, and mediation fails, the next step is the due process hearing, which shall be held within 30 days of receipt of the complaint. If the parties do reach an agreement, they shall enter into a written settlement agreement that is legally binding.
Speak With A Due Process Hearing Attorney At Our Firm
If you are involved in a disagreement with your child’s school regarding their need for special education or the types of services they will be receiving, contact Lavian Law Firm, APC, to speak with an attorney about a due process hearing. We can provide you with the knowledge and services you need to ensure your child receives the accommodations and services they are entitled to. We may be reached via our contact page.