Due Process Hearings in California
How does due process work for IEP disputes in California?
In California, due process hearings are conducted by the Office of Administrative Hearings (OAH), which is independent from the CDE and school districts (EC 56501-56507). This is a distinguishing feature of California's system—many states use their education department to conduct hearings, but California uses an independent administrative law judge (ALJ). A parent or district may file a due process complaint on any matter relating to the identification, evaluation, educational placement, or provision of FAPE (EC 56501(a); 34 CFR 300.507). Before a hearing, the parties have the right to a resolution session within 15 calendar days of receiving the complaint, where the parties attempt to resolve the dispute (34 CFR 300.510). Alternatively, the parties may agree to mediation in lieu of the resolution session (EC 56500.3; 34 CFR 300.506). If not resolved, the due process hearing must result in a decision within 45 calendar days of the end of the 30-day resolution period (34 CFR 300.515). California also offers a pre-hearing mediation-only option that is voluntary, at no cost to the parties, and conducted by the OAH or a qualified mediator (EC 56500.3). During the pendency of any due process proceeding, the child remains in the current educational placement (stay-put) unless the parent and district agree otherwise (EC 56505(d); 34 CFR 300.518). Either party may appeal the OAH decision by filing a civil action in state or federal court within 90 days of the decision (EC 56505(k); 34 CFR 300.516). The statute of limitations for filing a due process complaint is two years from the date the parent or district knew or should have known about the alleged action (34 CFR 300.507(a)(2); EC 56505(l)).
What California Requires
Due process hearings are conducted by the Office of Administrative Hearings (OAH), an independent state agency, not by the CDE or school district (EC 56501-56507).
A due process complaint may be filed by a parent or district on any matter relating to identification, evaluation, educational placement, or FAPE (EC 56501(a); 34 CFR 300.507).
A resolution session must be held within 15 days of the district receiving the due process complaint, unless both parties agree to mediation or waive the session in writing (34 CFR 300.510(a)).
Stay-put: the child remains in the current educational placement during any due process proceeding unless the parent and district agree otherwise (EC 56505(d); 34 CFR 300.518).
The OAH decision may be appealed by filing a civil action in state or federal court within 90 days (EC 56505(k); 34 CFR 300.516(b)).
Mediation is available as a voluntary, no-cost option at any time, conducted through OAH or a qualified mediator (EC 56500.3; 34 CFR 300.506).
Key Timelines
Statute of limitations: due process complaint must be filed within 2 years of the date the complainant knew or should have known about the alleged action (34 CFR 300.507(a)(2); EC 56505(l)).
Resolution session must be held within 15 calendar days of the district receiving the complaint (34 CFR 300.510(a)).
30-day resolution period from the date the complaint is filed, during which the parties attempt to resolve the dispute (34 CFR 300.510(b)).
Hearing decision must be issued within 45 calendar days after the end of the 30-day resolution period (34 CFR 300.515(a)).
Appeal: civil action must be filed within 90 days of the OAH decision (EC 56505(k); 34 CFR 300.516(b)).
Expedited hearing for discipline disputes: decision within 20 school days of complaint, no extensions (34 CFR 300.532(c)(2)).