General Information on Special Education

This Self-Help section of this website is intended to help parties better understand due process hearings and mediations, and to prepare documents needed for each step in the special education process. Provided below is a list of general information on the Special Education mediation and hearing process available in this Self-Help section.

This same information is available in OAH’s Special Education Handbook. A copy of this Handbook is available in either an electronic format (e.g. a PDF) or in a paper copy format. To request to have a PDF version emailed to you, or to have a paper copy mailed to you, contact OAH either by email or telephone using the contact information shown below. 

TO REQUEST A COPY OF THE HANDBOOK:

  When making a request for a copy of the Handbook either by telephone or by email using the Contact Information below, you will need to provide the information identified below based on the format requested:

  • For a paper copy provide a complete mailing address and telephone number (in case staff needs to contact you to confirm your mailing address.) 
  • For an electronic (PDF) copy, provide a complete email address and a telephone number (in case staff needs to contact you to confirm your mailing address.)

OAH CONTACT INFORMATION TO REQUEST A COPY OF THE HANDBOOK:

OAH’s Telephone Number (Message Only): 916-263-0880

OAH’s Email: DGSOAHFeedback@dgs.ca.gov

You may also send a request by mail to the address shown below.

Address:

Special Education Division 
Office of Administrative Hearings 
2349 Gateway Oaks Drive, Suite 200 
Sacramento, CA 95833 

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. To view this list on this website please go to the section "Free or Low-Cost Advocates and Attorneys Lists".

You may request a printed copy of this list either by U.S. mail or by telephone, or by submitting a request by email. The address, telephone number, and email information to obtain a printed copy of this list is shown below.

TO REQUEST A COPY OF THE LIST OF FREE OR LOW-COST ADVOCATES OR ATTORNEYS:

  When making a request for a copy of this list, either by telephone or by email using the Contact Information below, you will need to provide the information identified below based on the format requested:

  • For a paper copy provide a complete mailing address and telephone number (in case staff needs to contact you to confirm your mailing address.) 
  • For an electronic (PDF) copy, provide a complete email address and a telephone number (in case staff needs to contact you to confirm your mailing address.)

OAH CONTACT INFORMATION TO REQUEST A COPY OF THE LIST OF FREE OR LOW-COST ADVOCATES OR ATTORNEYS:

OAH’s Telephone Number (Message Only): 916-263-0880

OAH’s Email: DGSOAHFeedback@dgs.ca.gov

You may also send a request by mail to the address shown below.

Address:

Special Education Division 
Office of Administrative Hearings 
2349 Gateway Oaks Drive, Suite 200 
Sacramento, CA 95833 

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.

Public Records Act Requests

If you wish to request records that fall within the Public Records Act please see Make a Public Records Request on the Office of Administrative Hearings main website pages.

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