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Special Education Due Process Timelines





        Special education law requires compliance with deadlines triggered by the filing of a request for due process hearing
        (Complaint) with the Office of Administrative Hearings (“OAH”). Summarized below are some of the most relevant
        deadlines to track for compliance.*


        STATUTORY DEADLINES
        Response to Complaint:  Must be filed and served within ten (10) calendar days of receipt of Complaint. (34 C.F.R.
        § 300.508, subd. (e)-(f).)


        Notice of Insufficiency:  While not required, if this is deemed appropriate, must be filed and served within fifteen (15)
        calendar days of receipt of an insufficiently pled Complaint. (34 C.F.R. § 300.508, subd. (d).)

        Resolution Session:  LEA must convene within fifteen (15) calendar days of receipt of Complaint, and prior to the initi-
        ation of a due process hearing.  Parents and relevant IEP team members who have specific knowledge of the facts of
        the Complaint, including a LEA representative who has decision-making authority on the LEA’s behalf, are to attend.
        (34 C.F.R. § 300.510.)
           >  Waiver:  May be waived by written agreement of both parties (though LEAs may want to make waiver explicitly
            conditioned on the parties’ written agreement to participate in mediation);
           >  Attorneys:  An attorney for the LEA may be present only if an attorney for the parents is present; parents have no
            legal entitlement to recovery of related attorney’s fees;
           >  Grounds to Dismiss:  If parents refuse to meet, the District may move to dismiss the Complaint;
           >  Hearing Timeline:  If not resolved within thirty (30) calendar days of the LEA’s receipt of the Complaint, the
            45-day timeline for hearing and final decision begins.


        Statutory/“Ten Day” Offer:  Up to ten (10) calendar days before the hearing start date the LEA may serve parents
        a reasonable settlement offer.  If not accepted within ten (10) calendar days, attorney’s fees and costs incurred by
        parents after the offer is made shall not be awarded or reimbursed if the administrative law judge (ALJ) finds that the
        relief finally obtained is not more favorable to the parents than the settlement offer made. (34 C.F.R. § 300.517, subd.
        (c)(2)(i).)


        Statement of Issues and Notice of Representation:  Filed and served at least ten (10) calendar days before the due
        process hearing to identify what each party believes are the alleged issues and proposed resolutions for hearing.
        (Ed. Code, §§ 56505, subd. (e)(6) & 56507, subd. (a).)


        Notice of Documentary Evidence and Witness List:  Must be served at least five (5) business days before the hearing
        start date.  Includes a copy of all documents to be used at hearing, a list of the witnesses to be called with a descrip-
        tion of the general area of testimony expected for each, and information about all assessments completed by that
        date, including related rec¬ommendations, which are intended to be used at hearing. (Ed. Code, § 56505, subd. (e)
        (7)).


        * Mediation only and expedited due process hearing requests follow different timelines and procedures than the
        above.


        Special Education Due Process Timelines                                         LozanoSmith.com
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