Dispute Resolution Process

Local Intervention
The public education agency and parent can meet informally to resolve issues. Parents are encouraged to utilize local systems to resolve concerns. Each district in this SELPA has a person designated to work with special education issues. Contact the SELPA Director at 661.636.4802 or at grhoten@kern.org for more information.

Prehearing Mediation Conference
A Prehearing mediation conference can be requested by the parents or the local school district by sending a written request to the California Superintendent of Public Instruction and providing a copy to the other party. A person trained in alternate dispute resolution will be made available at no cost to either party within 15 days after the request is received by the State Superintendent. The prehearing mediation conference must be completed within 30 days unless both parties agree to extend the time for mediation. It is the intent of the legislature that these conferences will be informal and nonadversarial; therefore, no attorneys or independent contractors used to provide legal advocacy services can attend the prehearing mediation conferences.

Alternative Mediation (Mediation only)
Prior to filing a request for a due process hearing, parents are encouraged to seek resolution through an informal pre-hearing mediation ONLY conference. This is intended to be a nonadversarial attempt at resolving issues related to identification, assessment, placement, or provision of free, appropriate education without attorneys or advocates E.C. 56500.3(a). This can be requested through the McGeorge School of Law, Special Education Hearing Office, 3200 Fifth Avenue, Sacramento, CA 95817, (916) 739-7053.

Mediation
The mediation process is voluntary and may not be used solely to delay a parent’s right to a hearing or other due process. It will be conducted by a qualified, impartial, and trained mediator. The mediation is scheduled in a timely manner and held in a location convenient to both parties. Any agreement reached in mediation must be in a written mediation agreement. Mediation discussions are confidential and cannot be used in a subsequent hearing or civil proceeding when confidentiality requirements are stipulated.
A child will not be required to participate in special education and related services until the parents have been informed in writing of the facts that make participation necessary or desirable, the contents of the individual education program (IEP) have been provided in writing, and the parents’ written consent is given to the program. If the parents approve only a portion of the IEP, only that portion will be implemented by the school district. If the IEP team believes that the entire program must be implemented in order to provide your child with a free appropriate public education, the school district must initiate pre-hearing mediation or a due process hearing to determine the appropriateness of its educational program.
The parents have the right to 1) the assistance of a translator in any of the due process procedures, including prehearing mediation, if your native language is other than English and 2) a list of individuals providing legal services or advocacy from the school district or Special Education Hearing Office.

Due Process Hearing
A due process hearing can be initiated by a parent, guardian, surrogate, emancipated pupil, or school district when there is a disagreement over 1) a proposal or refusal to initiate or change the identification, assessment or educational placement of the pupil or the provision of a free, appropriate public education of the student (including such disciplinary action as multiple suspensions or expulsion) or 2) a school district is seeking a determination that its assessment is appropriate after the request for payment of an Independent Educational Evaluation. Requests should be sent to the California Special Education Hearing Office (SEHO), McGeorge School of Law, 3200 Fifth Avenue, Sacramento, CA 95817. Your letter to the SEHO must include the name, address of the residence and the school of your child; a description of the problem relating to the proposed initiation or change, including specific facts about the problem; a proposed resolution to the problem to the extent it is known to you.

Mediation Conference
Upon receipt of the written request for a hearing that includes a statement of concerns and proposed remedies, the state superintendent or designee informs the public education agency and parents, in writing, of a proposed mediation and all rights of both parties regarding procedural safeguards, including the right to waive the mediation conference. The parent may be accompanied by a representative(s) they choose. If mediation fails, the parties proceed to a state-level hearing at any reasonably convenient time to the parent and child in a local school facility.
The parties have the right to mediate their disputes at any time during the hearing process if both parties agree to mediation. A mediator who is trained to reconcile the differences of the parties in a nonadversarial manner will be appointed by the Special Education Hearing Office at no cost to either party. Mediation is held at a convenient location and extends the timeline of the Special Education Hearing Office to render its decision by the time necessary to convene and complete the mediation process; however, mediation is not intended to deny your right to a hearing or any other rights.
Due process hearing rights include 1) mediation at any stage of the procedure; 2) examination of pupil records; 3) representation by an advocate with knowledge and training relating to the problems of children and youth with disabilities or an attorney; 4) an impartial hearing officer appointed by the Special Education Hearing Office; 5) written notice of the petitioner’s issues or the other party’s intent to use an attorney at least 10 days before commencement of the hearing; 6) disclosure of any evaluations and recommendations completed at least five business days before the hearing that the party intends to rely upon (exclusion is discretionary with the hearing officer); 7) prohibition of evidence that has not been disclosed at least five days before the hearing; 8) introduction of evidence, including an Independent Educational Evaluation and testimony of witnesses and records compelled by a subpoena or subpoena duces tecum (an order for documents) as necessary; 9) direct and cross-examination of all witnesses; 10) presentation of oral and written arguments; 11) verbatim electronic or written record of the hearing; 12) written (or electronic) findings of fact and a final decision will be mailed to each party within 45 days after the request for a hearing; 13) an extension of the hearing for a specific period of time may be granted at the request of either party; 14) appeal of the hearing decision to a court if appeal is made within ninety (90) days after receipt of the hearing decision. The parent of a student also has the right to 1) an open (public) hearing if requested; 2) the presence of the student at the hearing; and 3) a hearing at a reasonably convenient time and site.
The public education agency may use the services of an attorney during an IEP meeting or mediation conference or due process hearing. If the parent uses an attorney or advocate he/she will notify the educational agency, in writing, of the use of any attorney or advocate at least three (3) days prior to the IEP meeting or mediation conference. Failure to do so may result in a delay of the meeting to allow the agency to obtain an attorney.
In any action or proceeding regarding the due process hearing, the court, in its discretion, may award reasonable attorneys’ fees as part of the cost to you as parent of a child with disability if you are the prevailing party in the hearing. Reasonable attorney fees may also be requested following the settlement of the administrative hearing.
Fees may be reduced if any of the following conditions occur: (1) the court finds that you unreasonably delayed the final resolution of the controversy; (2) the hourly attorney fees exceed the prevailing rate in the community for similar services by attorneys of reasonable comparable skill, reputation and experience; (3) the time spent and legal services provided were excessive; (4) your attorney did not provide to the school district the appropriate information in the due process complaint. Attorney fees will not be reduced, however, if the court finds that the state or the school district unreasonably delayed the final resolution of the action or proceeding and there was a violation of this section of the law.
Attorney fees may not be awarded related to any meeting of the IEP team unless an IEP meeting is convened as a result of a due process hearing proceeding or judicial action. Attorney fees may be denied if you reject a reasonable settlement offer made by the district/public agency ten days before the hearing begins and the hearing decision is not more favorable than the settlement offer.

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