Mediation Following a Request for Hearing To obtain a due process hearing date within a specific time after a written If you request a hearing, your case will be request is received. assigned to a mediator unless you indicate that To be represented by an attorney. you wish to waive mediation. The mediation To present evidence, question, cross- process is the same as described above, except examine, and require the attendance of both you and the district may utilize attorneys in witnesses. the mediation conference. To obtain a word-for-word record of the You may choose to skip the steps of conflict proceedings at the hearing. resolution panel and mediation; however, these To obtain a written report of the findings processes are typically very successful in resolving of the hearing and the decision reached. disputes. At these conferences, you retain a greater To appeal the final administrative degree of control in designing a resolution to your decision by the hearing officer in court. disagreement than you have when you submit the matter to a hearing for a decision. Legal Adviser or to the Director, Special Education at the Administration Building or to the district’s Due Process Hearing Special Education Division at the California Department of Education. A hearing is a formal procedure before a hearing officer, which includes documentary evidence and witnesses. The hearing officer makes a final decision Further information on parent rights and procedural on the issues submitted to him or her for resolution. safeguards is contained in a separate document You may request a hearing by writing to the Special produced by the district, Special Education Parent Education Hearing Office at the address above. The Rights and Procedural Safeguards. You may school district also has the right to request a hearing. request this document from your school or child’s During the hearing procedures you and the district from the Office of Special Education. have the following rights: Complaints If you believe the district has violated a state or federal law or regulation, you may file a complaint. Complaints are resolved through the district’s Uniform Complaint Procedures. These procedures are available from the Legal Adviser. district’s Complaints will be investigated either by the district or by the California Department of Education. Complaints are filed by writing to the district’s
Mediation Following a Request for Hearing If you request a hearing, your case will be assigned to a mediator unless you indicate that you wish to waive mediation. The mediation process is the same as described above, except both you and the district may utilize attorneys in the mediation conference. You may choose to skip the steps of conflict resolution panel and mediation; however, these processes are typically very successful in resolving disputes. At these conferences, you retain a greater degree of control in designing a resolution to your disagreement than you have when you submit the matter to a hearing for a decision. Due Process Hearing A hearing is a formal procedure before a hearing officer, which includes documentary evidence and witnesses. The hearing officer makes a final decision on the issues submitted to him or her for resolution. You may request a hearing by writing to the Special Education Hearing Office at the address above. The school district also has the right to request a hearing. During the hearing procedures you and the district have the following rights: To obtain a due process hearing date within a specific time after a written request is received. To be represented by an attorney. To present evidence, question, cross- examine, and require the attendance of witnesses. To obtain a word-for-word record of the proceedings at the hearing. To obtain a written report of the findings of the hearing and the decision reached. To appeal the final administrative decision by the hearing officer in court. Legal Adviser or to the Director, Special Education at the district’s Administration Building or to the Special Education Division at the California Department of Education. Further information on parent rights and procedural safeguards is contained in a separate document produced by the district, Special Education Parent Rights and Procedural Safeguards. You may request this document from your child’s school or from the Office of Special Education. Complaints If you believe the district has violated a state or federal law or regulation, you may file a complaint. Complaints are resolved through the district’s Uniform Complaint Procedures. These procedures are available from the district’s Legal Adviser. Complaints will be investigated either by the district or by the California Department of Education. Complaints are filed by writing to the district’s