Self-Help Information for Special Education Cases
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 OBTAIN A COPY OF THE HANDBOOK:
To download a copy of the Handbook click on DOWNLOAD HANDBOOK. You may also request that a copy be sent to you by U.S. mail or by email. To request a copy be mailed to you via U.S. mail, or to have a copy emailed to you, see the instructions below.
- 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
You may file a state compliance complaint when you believe that a school district has violated federal or state special education laws or regulations. The violation must have occurred not more than one year prior to the date the complaint is received by the CDE. When filing a complaint, you must forward a copy of the complaint to the school district at the same time you file a state compliance complaint with the CDE. (34 CFR Section 300.151-152; 5 CCR Section 4600)
Complaints alleging violations of federal and state special education laws or regulations may be mailed to:
California Department of Education
Special Education Division - Dispute Resolution Unit
1430 N Street, Suite 1430
Sacramento, CA 95814
You may also email your complaint to specialeducation@cde.ca.gov speceduation@cde.ca.gov
For complaints involving issues not covered by federal or state special education laws or regulations, consult your district's uniform complaint procedures.
To obtain more information about dispute resolution, including how to file a complaint, contact the CDE, Special Education Division, Dispute Resolution Unit, by telephone at 800-926-0648; by fax at 916-327-3704; or by visiting the CDE, Special Education web page at https://www.cde.ca.gov/sp/se/index.asp.
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
(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
8. Subpoenas
(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