Virtual Prehearing Conferences and Hearings

The Office of Administrative Hearings, referred to as "OAH," Special Education Division conducts Prehearing Conferences and Hearings by videoconference and telephone. The OAH is authorized to conduct due process hearings by videoconference or telephone. (5 C.C.R. § 3082, subd. (g).)  The information on this page provides resources for parties to be able to fully participate in this process. OAH is currently using Zoom.Gov to conduct its Prehearing Conferences and Hearings.

The information provided in this section includes the information needed to participate by videoconference, as well as the information needed for prehearing conferences.  This part of the website provides resources for parties to be able to fully participate in this process.

 To view the Order Setting Videoconference Prehearing Conference Procedures go to OAH’s website either by copying and pasting into your browser the following URL or by clicking on the link: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Self-Help/The-Mediation-Process-Including-Virtual-Mediations

Zoom is software that provides videoconferencing capabilities and allows participants in different locations to participate in prehearing conferences by computer.  Instead of a telephonic prehearing conference, all participants will join through the Zoom application using an invitation sent by OAH.  The prehearing conference participants will appear at the same time on the computer screens through a live video and audio stream.  Participants do not need to download to their computer the Zoom application to participate.

  The information provided in this section is an exact copy of the information provided to all parties in the Scheduling Order at the beginning of each due process hearing case.  Following the sub-section “Information for Participating by Zoom,” below is the sub-section “Prehearing Conferences.”  The Prehearing Conferences section provides more detailed information on prehearing conferences, including how to prepare for them.  A separate section of this handbook covers hearing information.

INFORMATION FOR PARTICIPATING BY VIDEOCONFERENCE

 

ZOOM INFORMATION AND RESOURCES

• Zoom Version: If you already have Zoom and have difficulty joining a prehearing conference, check your version of Zoom to ensure it is updated before joining the mediation.  For instructions on identifying your version of Zoom, and for updating to the most current version of Zoom, go to Zoom Support’s Website either by copying and pasting the following URL into your browser or click on the link: https://support.zoom.com/hc/en.

 

PROVIDING PARTICIPANT INFORMATION TO OAH

Videoconference invitations are sent by email to everyone that is expected to be involved in the prehearing conference.  This requires that OAH has the email addresses for everyone that is going to participate in the prehearing conference.

Therefore, two business days before the prehearing conference, the parties must file with OAH a form called “Participant Information for Prehearing Conference and Video Due Process Hearing.”  The parties do not serve this form on the opposing side.

The form collects contact and technology information for the attorneys, parties, and anticipated due process hearing witnesses.  OAH requires the parties and attorneys to confirm that they meet the minimum technology requirements to participate in a videoconference.  This form is confidential and OAH only uses the information provided to conduct the prehearing conference and hearing.

 

OAH WILL SCHEDULE THE PREHEARING CONFERENCE VIDEOCONFERENCE

As stated above, OAH will send an email invitation to the parties or their attorneys to join the prehearing conference, based on the information provided in the “Participant Information for Prehearing Conference and Video Due Process Hearing.”  The email will include the date and time of prehearing conferences.  As this email account is only used for outgoing Zoom invitations the participants should not reply to this email as the email account is not monitored.

Will the other participants be able to see my email address?

In some cases, the other participants may be able to see the email addresses for other participants.

 

JOINING THE PREHEARING CONFERENCE

At the designated time for the prehearing conference, click on the blue “Join" button in the Zoom invitation.  You do not need to download Zoom to participate in the videoconference as you will automatically connect you to the meeting.

Enter your first and last name where indicated.  You will see a message informing you that you will be “allowed to enter the meeting shortly.”  The Administrative Law Judge, referred to here as “ALJ,” will open the meeting to you.

The parties are encouraged to review the Zoom information in the section above under the heading “Zoom Information” before their scheduled prehearing conference.

 

PARTICIPATION WITHOUT THE USE OF VIDEOCONFERENCE WILL BE AT THE DISCRETION OF THE ALJ

In some circumstances a party might not be able to participate by videoconference.  Participation without video will be allowed only at the discretion of the ALJ.

 

GUIDELINES FOR VIDEO APPEARANCE

Participants shall appear at the prehearing conference from a location free from distractions.  The participants should take reasonable efforts to minimize background noise and maintain adequate room lighting.  Virtual background images are at the discretion of the ALJ.  All participants are required to be on camera unless otherwise authorized by the ALJ.