Self-Help Information for Special Education Cases 

The Self-Help pages, also referred to as The Handbook, provide information on Special Education laws and procedures as well as links to related forms, to help parties better understand due process hearings and mediations, and to prepare the documents needed for each step in the process.

General Information on Special Education

Provided below is an A to Z list of general information on the Special Education mediation and hearing process.  Just click on the numbered topic heading to go to the appropriate page.  A brief outline of the information provided under each topic is shown below the topic.  Links to forms and other appropriate information related to each section are provided.

List of Free or Low-Cost Advocates or Attorneys

For those seeking the assistance of either a Special Education Advocate or a Special Education Attorney, OAH provides, as a resource, a list of advocates and attorneys who self-certify that they provide their services free or at a low-cost. Please see Free or Low-Cost Advocates and Attorneys Lists.

State Complaint Alleging Violation of the IDEA

Federal regulations require each state educational agency (e.g. California Department of Education [CDE]) to adopt written procedures for the investigation and resolution of any state complaint alleging that a school district or other public agency has violated certain requirements of the Individuals with Disabilities Education Act (IDEA). California law also requires the same obligations of the state and includes violations of state special education law.  A written signed complaint is a formal request to the California Department of Regulations (CDE) to investigate allegations in which the complainant believes the public agency (e.g. student’s school district) has violated special education law or regulation, federal or state. Complaints may concern one child or student, or a group of students. For more information on this process please go the CDE website at https://www.cde.ca.gov/sp/se/qa/cmplntproc.asp or click on the following link: CDE-State Complaint Process.

INFORMATIONAL TOPICS

1.  Summary of Educational Rights

  (a) The OAH Special Education Division - What it Does

  (b) Brief Summary of Educational Rights

  (i) The Rights of Children With Disabilities

  (ii) Determining Eligibility for Special Education

  (iii) The Individualized Education Program (IEP)

  (iv) Due Process

2. Process and Due Process - the Life of OAH Cases

  (a)  Life-Cycle of a Mediation Only Case

(b)  Life Cycle of a Due Process Hearing and Mediation Case

  (c)  Life Cycle of a Hearing Only Case

3.  File and Serve Documents in a Special Education Case

4.  The Mediation Process Including Videoconference Mediations

5.  Prehearing Conferences

  (a)  Prehearing Conferences - the Conference Call

  (b)  The Purpose of the Prehearing Conference

  (c)  How to Prepare for the Prehearing Conference

  (d)  Asking for a Subpoena - Do You Need one?

  (e)  Prehearing Conference Statements

  (f)  The Judge Prepares the Order Following the Prehearing Conference

6.  Due Process Hearings by Videoconference 

(a)  Hiring an Attorney? Do So As Early As Possible

  (b)  Location, Hearing Process and Judge's Role

  (c)  What to Expect During the Hearing

  (d)  Self-Help Tips for Unrepresented Parties

  (i)  What to Bring to the Hearing

  (ii)  What to Do if You Are Late to the Hearing

  (iii) Sample Questions - How to Question Witnesses

  (iv) How to Question Expert Witnesses

  (v) Parent's Testimony

  (vi)  How to Put Exhibits Into Evidence

  (vii) How to Present an Audio Recording at Hearing

  (viii) What to Do at the End of Each Day

  (ix) What Happens on the Last Day of the Hearing

  (e)  Closing Arguments

7.  Preparing for a Hearing

8.  Subpoenas

9.  Setting a Mediation and Requesting a Continuance of Prehearing Conference and Due Process Hearing Dates

  (a)  Requesting an Initial Mediation Date in a Mediation and Due Process Hearing Case

  (b)  Cancelling a Mediation Date

  (c)  Requesting a Continuance of the Hearing and Prehearing Conference When Requesting a Mediation Date

  (d)  Making a Motion to Continue a Mediation, Prehearing Conference, and/or a Due Process Hearing Date

  (e)  Links to Related Forms

10.  Motions 

  (a)  Motion Guides for "How to Prepare a Motion" and "How to Respond to a Motion"

  (b) Information on Common Motions and How to Present Evidence to Support or Respond to a Motion

11.  Forms

12.  Notice of Procedural Safeguards for Special Education Cases