When your child does not receive the special education services they need, you may wonder what you can do next. California gives parents several ways to challenge a school district’s decisions. One option is filing a due process complaint with the California Office of Administrative Hearings (OAH).
The OAH process applies across California. It can address disputes about your child’s evaluation, school placement or special education services.
When might an OAH complaint apply?
An OAH due process complaint may apply when you and your child’s school district disagree about special education rights or services. This includes:
- Eligibility disagreements: The district refuses to find your child eligible for special education or disputes the child’s eligibility.
- Placement disputes: The district proposes or refuses to change your child’s school placement.
- Evaluation disputes: The district refuses your request for an evaluation, or you disagree with an evaluation the district proposes.
- FAPE concerns: You and the district disagree about whether your child receives a Free Appropriate Public Education (FAPE).
- Disciplinary appeals: You challenge a decision about your child’s behavior or a disciplinary change in placement.
An OAH complaint may give you a formal way to address a dispute when you and the school district cannot reach an agreement.
What information should your complaint include?
Federal law sets rules for what a due process complaint must contain. Your written complaint generally should identify your child and the school, explain what happened and state what you want the school district to do. This includes:
- Party details: Give your child’s name, address or contact information and the school or agency’s name.
- Dispute details: Explain what happened and why you disagree with the district.
- Requested resolution: State what you want the district to do to resolve the problem.
Clear, specific facts can help OAH and the school district understand the issues you want to address.
What deadlines and steps apply?
Under federal law, you generally must file a due process complaint within two years after you knew or should have known about the problem. After the district receives your complaint, it generally has 15 days to hold a resolution meeting. You and the district may agree to mediation instead or agree to skip the meeting. The resolution period generally lasts 30 days.
You may also ask for mediation to try to settle the dispute. If the dispute remains, an OAH hearing may follow. At the hearing, an administrative law judge reviews the evidence and hears arguments from both sides before issuing a decision. A final decision generally must come within 45 days after the resolution period ends, unless the judge grants an extension.
Keep your child’s rights in focus
An OAH complaint involves important deadlines and specific requirements. Gathering your child’s records and clearly explaining the special education issues may help you prepare. Because each case differs, consider getting legal advice about your child’s special education rights before filing.