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Due Process & Mediation
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| • | Overview |
| • | How To Request Mediation or a Due Process Hearing |
| • | Forms |
| • | Contact Information |
Overview
The law establishes procedural safeguards for parents in the Individualized Educational Plan (IEP) process. Included in the procedural safeguards is the opportunity to participate in mediation or a due process hearing to resolve disagreements between the parents and the district.
A due process hearing is a more formal process of resolution. It is administered by a hearing officer appointed by the State and is procedurally conducted as a trial. Parties are given the opportunity to present evidence and argument, resulting in a final administrative decision resolving the matter.
Mediation is the process in which a mediator, whom is assigned by the state, assists you and the District to discuss and resolve a disagreement.
Either the parents or the district may initiate the due process hearing procedures under any of the following circumstances:
| • | There is a proposal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free, appropriate public education to the child. |
| • | There is a refusal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free, appropriate public education to the child. |
| • | The parent or guardian refuses to consent to an assessment of the child. |
• |
There is a disagreement between a parent or guardian and a district, special education local plan area, or county office regarding the availability of a program appropriate for the child, including the question of financial responsibility. |
How To Request Mediation or a Due Process Hearing
A request for mediation or a due process hearing must be sent to both of the following addresses:
Office of Administrative Hearings, Special Education Unit
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833-4231
Phone: (916) 263-0880
Fax: (916) 263-0890
Due Process Hearings & Mediations
Eugene Brucker Education Center
4100 Normal Street, Annex 7
San Diego, CA 92103-2682
Forms
Notice of Procedural Safeguards - English  | Spanish Provides parents and legal guardians an overview of their child's educational rights. |
| Mediation Request Form English - pdf doc  | Spanish - pdf doc Used to request an informal mediation-only proceeding - attorneys cannot attend. |
| Due Process Request Form English - pdf doc
| Spanish - pdf doc Used to request a formal hearing. The Office of Administrative Hearings automatically assigns a mediation and hearing date with this type of request. Thus, allowing for resolution by an informal mediation prior to participating in the more formal hearing process. |
Contact Information
For clarification or questions:
Due Process Hearings & Mediations
Eugene Brucker Education Center
4100 Normal Street, Annex 7
San Diego, CA 92103-2682
(619) 725-7794 (Phone)
(619) 725-7424 (Fax)
For assistance with filing complaints and due process hearing and mediation requests:
Special Education Ombudspersons
Parent Support & Board Services
Eugene Brucker Education Center
4100 Normal Street, Room 3134
San Diego, CA 92103-2682
(619) 725-5510 (Fax)
| Topic/Title | Contact |
| Special Education Ombudsperson | Lora Keller (619) 725-8186 lkeller@sandi.net |
| Special Education Ombudsperson | Richard Miller (619) 725-8187 rmiller3@sandi.net |