Page 15 - Special Education One Sheets

OAH DEADLINES*
Mediation: Upon the parties’ request, OAH will set a date for mediation on a Tuesday, Wednesday, or Thursday at
least thirty-five (35) days after the date parents filed the Complaint or about five (5) days after the District filed the
Complaint.
> Mediation is voluntary (optional) for all parties.

Prehearing Conference (“PHC”) Statement: Must be filed and served at least three (3) business days before the
scheduled PHC so as to provide the ALJ and other parties with basic information pertaining to the hearing, such as
expected witnesses, evidence, and any special accommodations needed.

Prehearing Conference: Held by OAH on the date stated in the Scheduling Order, generally a Monday or Friday.

Motions and Amendments to Pleadings: No later than the PHC, the parties should file and serve all motions,
including requests for amendment. In most instances, it is prudent to file motions at least by when the PHC
statement is filed to allow time for any opposition and then OAH’s ruling. (Otherwise, the ALJ may not rule on the
motion at the PHC – a potential disadvantage if the outcome is pending and hearing preparation must continue with
consideration for a potential ruling in either party’s favor).

Opposition to Motions: Must be filed and served within three (3) business days of the motion. A reply, if any, is due
by the moving party within one (1) business day of the Opposition.

Peremptory Challenge: May be filed and served once, in most cases before the PHC, to “challenge” who the assigned
ALJ is for the due process hearing. OAH will not grant a peremptory challenge after the due process hearing has
begun.

Due Process Hearing: Within forty-five (45) calendar days of when the Complaint was filed by the LEA, or within
forty-five (45) calendar days after the resolution session period ends if the Complaint was filed by parents, a due
process hearing decision must be issued. This forty-five (45) day period may be extended by a granted continuance
or agreement by the parties.

Accessibility: LEA must file within five (5) calendar days of the date the Scheduling Order is issued, certification
that the facilities to be used for the scheduled mediation and/or hearing comply with the laws on accessibility for
individuals with disabilities under the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the Unruh
Civil Rights Act.
> Failure to do so may result in OAH scheduling the matter to occur at a different location and reporting the failure
to the Department of Education.

OAH Forms: Many of the filings referenced above, as well as additional forms, can be found on OAH’s website.

*These deadlines are set by OAH and may be extended under certain circumstances, such as stipulation by the
parties or by motion for good cause.

DISCLAIMER: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not
constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
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