Dispute Resolution

Information and resources for resolving disputes in special education.

Constituent’s Office

The California Department of Education (CDE), Special Education Division's (SED), Constituent’s Office is dedicated to enhancing communications and support for families. The CDE is committed to ensuring that every family feels heard, valued, and supported. The CDE, SED’s Constituent’s Office staff are available to take calls, help with special education related questions, or refer to the appropriate department level staff, if necessary.

The CDE, SED’s Constituent’s Office can be reached by phone at 800-926-0648, Monday–Friday, 8 a.m. to 5 p.m. All calls received outside of these hours will be sent to a voicemail and calls will be returned within 24 hours.

The Constituent’s Office may also be reached by email at SEDCO@cde.ca.gov.

Parent and Child Rights in Special Education

The Procedural Safeguards Notice (PSN) explains the rights of a parent of a student with a disability and the procedures that protect those rights under state and federal special education law, including the Individuals with Disabilities Education Act (IDEA).

The IDEA requires that local educational agencies (LEAs) or State Operated Programs provide the PSN to parents at least once per year and on the following occasions: upon initial referral or on request for evaluation; upon receipt of the first state complaint and upon receipt of the first due process complaint in a school year; upon a disciplinary change of placement; or upon parent request. With parental agreement, a public agency can provide a parent with an electronic copy of the procedural safeguards notice (e.g., through email) instead of a paper copy.

Special Education Rights of Parents and Children Under the Individuals with Disabilities Education Act, Part B - Notice of Procedural Safeguards (English) (PDF)
This document complies with the final federal regulations, effective October 13, 2006, IDEA, as amended in 2004.
Available Translations of the Notice of Procedural Safeguards
Summary of Parents' Rights
A brief summary of Procedural Safeguards for students with disabilities receiving special education services.

California’s Dispute Resolution System

State and federal law provides that all children with disabilities are entitled to a Free and Appropriate Public Education (FAPE) under the IDEA, 20 U.S.C. Section 1400 et seq. and California Education Code (EC) Section 56000 et seq. Eligible students and their parents are entitled to procedural safeguards with respect to disagreements concerning decisions about assessment, eligibility, placement, and a free appropriate public education.

The CDE, SED is charged with general supervisory responsibility for California’s LEAs under the IDEA. The CDE, SED provides technical assistance and guidance for LEAs and other constituents to implement the state’s dispute resolution system.

Key features for California’s dispute resolution system include:

The CDE, SED’s Constituent’s Office to enhance communication and support for constituents regarding mediation, state compliance complaints, and due process complaint processes, as well as to explain how each process operates in conjunction with one another
The CDE, SED’s Dispute Resolution Manual outlining written policies and procedures that align with federal and state laws and regulations
Infrastructure to support the oversight, case management, data collection and reporting, and implementation of the procedural safeguards related to mediation, formal state complaints, and due process hearings
Qualified and impartial mediators and due process hearing officers that align practices with federal and state laws and regulations

As outlined in the PSN, parents, educational rights holders, and eligible students over the age of eighteen have the right to participate in the dispute resolution process. The are several options for resolving disputes related to special education in alignment with federal and state laws and regulations.

The California dispute resolution system includes the following:

The CDE, SED’s Constituent Support Services (CSS) and Alternative Dispute Resolution (ADR)
Mediation
State Compliance Complaints
Office of Administrative Hearing (OAH) Complaints
- Due Process Complaints and Hearings

The California Department of Education’s Dispute Resolution Manual (Coming Soon)
This document developed by the CDE, SED is intended to serve as a guide for the prevention and resolution of disputes pertaining to students with disabilities eligible for services outlined within the IDEA, and the Code of Federal Regulations (CFR), in addition to the state requirements under the California Code of Regulations (CCR) and the EC.

Constituent’s Office and Alternative Dispute Resolution

Information on the Constituent’s Office and Alternative Dispute Resolution resource links.

Constituent’s Office

The Constituent’s Office, within the CDE, SED, is dedicated to enhancing communications and support for families. At the California Department of Education, we are committed to ensuring that every family feels heard, valued, and supported. Constituent Office staff are available to take your call and help you with any questions you may have, or refer you to appropriate department level staff, if necessary.

To speak to someone in the Constituent’s Office please call, 800-926-0648, Monday–Friday, 8 a.m. to 5 p.m. Outside those hours, calls will go to a voicemail. Please leave a message and your call will be returned within 24 hours.

The Constituent’s Office may also be reached by email at SEDCO@cde.ca.gov.

Alternative Dispute Resolution

The SED's ADR process provides informal methods to resolve disputes concerning a student's free and appropriate public education under the IDEA. Parents and school districts can use this process to address concerns collaboratively, helping to avoid legal conflicts. This approach prioritizes student needs and fosters positive relationships, essential for delivering effective special education services.

ADR includes various techniques like mediation, arbitration, and negotiation, which assist in resolving conflicts privately, efficiently, and cost-effectively without going to court.

At the California Department of Education, we recognize that conflicts are inevitable. We advocate resolving these disputes constructively through ADR, which offers a quicker, more affordable, and confidential alternative to formal complaints.

For LEA contact information, you may search the School Directory web page.

Please visit the California Special Education Local Plan Areas (SELPAs) web page for more information on SELPAs.

What are the benefits of Alternative Dispute Resolution?

Families are encouraged to use the informal resolution session process if they have issues or concerns that have not been successfully addressed through the IEP process and other tiers of resolution. This process is highly suggested as an alternative to filing for due process or district mediation as it is an informal means of problem solving designed to promote communication and to preserve relationships between families and LEAs.

Some of the benefits of ADR include:

Quick Resolution: Settle disputes faster than traditional legal processes.
Cost-Effective: Save time and money with ADR methods.
Confidential: Protect your privacy and relationships.
Collaborative: Foster cooperation and mutual understanding.
Preserve Relationships: Maintain positive connections within the community.

By opting for ADR, we can create a harmonious and supportive environment for everyone. Let us work together to resolve conflicts constructively and build a stronger community. ADR meetings can be held by a neutral facilitator (specifically trained in the ADR process) from the SELPA, or by an impartial facilitator with one of our ADR partners, which includes Pathways to Partnership (P2P).

Who can request to be a part of the Alternative Dispute Resolution process?

Any parent, educational rights holder, case manager, service provider, or LEA personnel may request information about the ADR process to resolve disputes regarding identification, evaluation and assessment, eligibility determination, placement, or the provision of appropriate early intervention services for an individual child or family. Family Empowerment Centers (FECs) and other parent organizations may also work with families to be a part of the ADR process. When a parent requests an informal conference, all other participants must participate. A parent may request an informal conference in addition to filing a state complaint.

Participation in ADR is voluntary and confidential. Information raised in an ADR meeting will not be used against parties at a later date. If LEAs and families are unsuccessful coming to an agreement using ADR strategies and result in a state level proceeding, the matters discussed in an ADR session are not used as evidence in a subsequent due process hearing.

Examples of ADR strategies include:

IEP facilitation through a neutral party
Informal resolution sessions
Collaboration between the SELPA, LEA, and local family engagement center to provide trainings for parents or parent-to-parent family support
One-on-one support or office hours with a trained ADR facilitator on communication strategies
Voluntary mediation with the LEA or SELPA

Pathways to Partnership Project

The Special Education Resource Leads established under Assembly Bill 178, Section 179, earmarks $12 million to be allocated by the Superintendent of Public Instruction to SELPAs selected pursuant to EC Section 52073.2. Each SELPA resource lead is selected to provide technical assistance to LEAs as defined in EC Section 52071. In fiscal year 2023–24, the Ventura County Office of Education (COE) and Ventura County SELPA in addition to the Tehama COE and Tehama County SELPA were selected as joint grantees to receive a Special Education Resource Leads Grant. Under this grant, the Ventura COE, Ventura County SELPA, Tehama COE, and Tehama County SELPA formed the Pathways to Partnership (P2P) consortium to build capacity, expertise, training, and resources for dispute resolution statewide.

The P2P project has a collaborative partnership with CDE, working together to provide effective ADR solutions and support for our community. The P2P project is dedicated to fostering positive relationships and effective communication within communities. They offer a variety of services, including mediation, facilitation, and training programs, designed to help individuals and groups resolve conflicts amicably and constructively. Their approach emphasizes collaboration and mutual respect, ensuring that all parties feel heard and valued. You may also request a resolution session through P2P.

The P2P program is based on three overarching pillars of support:

Family and Community Support and Conflict Prevention
Voluntary ADR
Facilitated IEP Meetings

For more information on the P2P project, related resources, and to view available training, please visit the Pathways to Partnership website .

What is Individualized Education Program Facilitation?

Facilitation of IEPs is an option for using an impartial third party to foster effective communication and to assist the IEP team in problem-solving any disagreements related to a student’s IEP. State-sponsored IEP facilitation is a voluntary process, so both parents and LEAs must agree to facilitation.

California currently does not offer IEP facilitation services at a statewide level, although some LEAs and specific regions within the state have developed local practices within their continuum of ADR options. Please contact your local SELPA for additional information on what is available in your region. For more information on SELPAs, please visit the California SELPAs web page.

Additionally, the CDE entered into a contract with Key2Ed to develop a statewide IEP facilitation network model pursuant to Senate Bill 129. With the support of the Center for Appropriate Dispute Resolution (CADRE), Key2Ed has been tasked with analyzing and incorporating California’s current special education structure in the development of the IEP facilitation network model including, but not limited to, relationships between LEAs, COEs, SELPAs, and other invested educational partners. The IEP facilitation network model will be specific to the needs and reflective of California. Per the contract with the CDE, Key2Ed will solicit feedback from each of the geographical regions throughout California to ensure that the model accounts for the diversity of resources and needs throughout the state of California.

The IEP facilitation model developed by Key2Ed will delineate policies and procedures to ensure that IEP facilitation services are provided by neutral, trained facilitators in compliance with relevant state and federal law. The IEP facilitation network model developed will also incorporate nationally recognized best practices for state IEP facilitation programs while being responsive to the needs of California families and LEAs. This proposed model was submitted to the state legislature for review in June 2024.

What are Alternative Dispute Resolution coaches and what can they support with?

The ADR Coaches are diverse, skilled individuals, with experience in assisting SELPAs with ADR processes to effectively mitigate educational disputes related to students within the special education setting. The ADR Coaches were selected through an application process through the former ADR California (ADRCal) project, reviewed by a committee made up of ADR Community of Practice members, and they are recommended by one or more LEA or SELPA Administrators. They are independent contractors that negotiate their own contracts with educational organizations.

Examples of ADR Coach supports can include:

Providing participant and constituent training in ADR practices and strategies
Assisting school personnel with managing disagreement
Facilitating IEPs
Training staff to participate in facilitated IEPs
Assisting in the development of an ADR program or continuum of services
Training families to participate in ADR processes
Facilitating ADR meetings
Brainstorming family engagement strategies

Please note that ADR coaches are not employees or contractors of the CDE. Any SELPAs or LEAs interested in working with an ADR coach can review their areas of expertise and obtain contact information on the Seeds of Partnership ADR web page.

Alternative Dispute Resolution Funding Opportunities

All SELPAs are eligible for an annual grant funded under the IDEA Part B, Section 611 to support ADR programs within local SELPA regions. The CDE awards these grants to regional consortia that include LEAs and county offices. Selected LEAs will train and implement an ADR process in responding to and resolving local complaints and concerns regarding the implementation of the IDEA, Part B, and relevant state laws.

All SELPAs participating in the program are eligible upon successful completion of an approved Special Education ADR Grant application. They are required to develop and participate in local alternate dispute resolution activities as part of a regional consortia. Selected SELPAs are required to collect, maintain, and provide data concerning special education ADR expenditures, along with information about the development and testing of procedures, materials, and training for ADR in special education.

For more information about this funding opportunity, please visit the Special Education Alternative Dispute Resolution Grant web page.

Alternative Dispute Resolution Resources

Seeds of Partnership – Alternative Dispute Resolution California
The Alternative Dispute Resolution California (ADR California) Resource Hub, developed by the Seeds of Partnership and funded by the CDE, provides information and resources for special educators, parents, LEAs, SELPAs, and parent centers across California. Explore resources aimed at improving partnerships, resolving disagreements, and reducing formal complaints and due process filings.

Special Education Local Plan Area Administrators of California – Alternative Dispute Resolution
Information, training announcements, and resources for family engagement and ADR.

Pathways to Partnership Project
The Pathways to Partnership consortium envisions a statewide educational community with the necessary skill sets to prevent, reduce, and resolve conﬂicts building trust and mutual understanding between families and educational agencies. Our vision embraces resolving conﬂict at the lowest level, preserving relationships with all members of the IEP team, and ensuring the IEP process is the foundation for positive, equitable student outcomes for all students with disabilities. The Pathways to Partnerships vision seeks to transform the way in which educators respond to conﬂict and dispute within the California special education system and Statewide System of Support by establishing a sustainable continuum for dispute prevention and resolution that is accessible to all. The program is based on three overarching pillars of support including family and community support, conflict prevention, voluntary ADR strategies, and facilitated IEP meetings.

Center for Parent Information and Resources
The Office for Special Education Programs funds this hub of information. It contains family-friendly information and research-based materials on key topics for Parent Centers; private workspaces for Parent Centers to exchange resources, discuss high-priority topics, and solve mutual challenges; coordination of parent training efforts throughout the network; a twice-monthly e-newsletter with key topics, new resources, upcoming events, and materials to share with families; and materials from Parent Centers themselves.

Family Resource Centers Network of California
The Family Resource Centers Network of California supports families of children with disabilities, special healthcare needs, and those at risk by ensuring the continuance, expansion, promotion, and quality of family-centered, parent-directed, Family Resource Centers. One of their main functions is to connect families and community partners to services and resources supporting children with disabilities. They also forge deep partnerships with community and statewide stakeholders to benefit children throughout the state.

The Center for Appropriate Dispute Resolution in Special Education
The CADRE is funded by the Office of Special Education Programs at the United States Department of Education to serve as the National Center on Dispute Resolution in Special Education. CADRE delivers its array of technical assistance and dissemination activities through the expertise of an outstanding group of nationally recognized staff, consultants, and advisors.

CADRE Individualized Education Program Facilitation Parent Guide and Companion Videos
A printable parent guide with companion videos providing an overview of IEP facilitation and how to prepare. Please visit the CADRE web page for translations.

CADRE Working Together Series
A series developed by the CADRE providing families and educators with strategies for working together and through conflict. Anyone supporting children or youth with disabilities may benefit from this series, however, the setting in which collaborative problem solving and conflict resolution takes place within this series is typically the school or IEP meeting.

Mediation

Information on mediation only services in addition to the mediation of state compliance complaints and due process complaints with federal and state law resource links.

What is mediation?

Mediation is an impartial process to resolve disagreements between the parent of a student or an adult student with a disability who have a dispute concerning the student’s education and the LEA or other public agency. Mediation can be used as a stand-alone service or to mediate a due process complaint prior to a due process hearing [34 CFR Section 300.506 (ED) ]. Mediation may also be used to resolve issues raised in a state compliance complaint [34 CFR Section 300.152(a)(3)(ii)]. Mediation enables parties to have confidential discussions with a qualified and impartial mediator with the goal resolving the dispute and executing a legally binding written agreement reflecting that resolution [34 CFR Section 300.506 (ED) and 34 CFR 300.152(a)(3)(ii) (ED) ]. Confidentiality provisions are discussed with parties at the beginning of mediation proceedings, but participants are not required to sign confidentiality agreements in order to begin mediation. All discussions that occur in mediation are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding [34 CFR Section 300.506(b)(6)(i) (ED) and 34 CFR 300.152(a)(3)(ii)].

Mediation is voluntary, so the parent and the LEA or public agency must both agree to participate. It is important to note that if one of the parties does not want to participate in the mediation, then the mediation will not occur, and parties can move forward with requesting a due process hearing. If parties do not resolve their dispute at mediation, they have the option to move forward with a due process hearing request. Whether there is resolution of the issues, or an agreement is created, depends upon the participants. Participants must work on solutions together and are in control of the outcome. Complex situations may require multiple mediation sessions to come to agreement.

While mediation cannot guarantee specific outcomes, it can be the most efficient and effective means for resolving a dispute between the parents and the LEA, or as appropriate, the CDE or another public agency. The use of mediation can achieve the following benefits:

Mediation focuses on the strengths of all parties to address disputes.
Mediation helps to preserve a cooperative relationship between the parents of the students receiving special education services and LEAs or other public agencies because the dispute is settled by mutual agreement.
Mediation provides a foundation for all parties to problem-solve in the future.
Mediation allows for greater flexibility and enables parties to have more control over the process and decision-making.
Mediation often results in written agreements where parties have an increased commitment to and ownership of the resolution.
Remedies are often individually tailored, contain workable solutions, and are easier for the parties to implement.
Mediation can be less time consuming. Resolutions can be implemented immediately if an agreement is reached in mediation while the due process complaint process and due process hearing decisions take much longer.
Mediation may help resolve issues that are subject to state compliance complaints or due process complaints.
Mediation can result in lower financial costs compared to due process proceedings.

Pursuant to EC Section 56504.5 (CA Legislative Information) , the CDE, SED oversees an interagency agreement with the Department of General Services (DGS), OAH to provide mediation services pursuant to and in accordance with the requirements of federal and state laws and regulations. The CDE allocates federal IDEA funding for the interagency agreement with the DGS, OAH to ensure that mediation is available at any time with no costs to either the parents, LEA, or public agencies to participate in the mediation process [34 CFR  Section 300.506 (ED) ].

To view the CDE’s current interagency agreement with the DGS, OAH to implement due process complaint hearings and mediation processes, please visit the DGS, OAH Resources web page.

When can mediation be used?

The CDE, SED, in collaboration with the DGS, OAH, has established mediation procedures to allow LEAs or other public agencies and parents to resolve any matter regarding special education, including matters arising prior to the filing of a due process complaint [EC Section 56500.3 (CA Legislative Information) ] and the mediation of state compliance complaints [34 CFR 300.152 (ED)].

Mediation is available anytime there is a disagreement between parents and educators about special education and/or related services. Mediation can be used to address disputes regarding the identification, initial evaluation, reevaluation, or educational placement of a child with a disability, or the provision of FAPE to a child with a disability. Pursuant to 34 CFR Section 300.506(a) (ED) , mediation may be used before a parent revokes consent for the continued provision of special education and related services.

Mediation is available to parents and public agencies to resolve matters arising prior to the filing of a due process complaint and parties are not required to file a due process complaint before they can request mediation. The DGS, OAH refers to these cases as “Mediation Only” cases. When parties agree to participate in mediation to resolve matters filed within a due process complaint, the DGS, OAH refers to these cases as “Dual” cases.

Mediation may also help resolve issues that give rise to state compliance complaints. State compliance complaints alleging a violation of special education law can be filed with the CDE pursuant to 34 CFR Section 300.151 (ED) and EC Section 56500.2 (CA Legislative Information) . A parent who files such a complaint, and the LEA or other public agency that is the subject of the compliance complaint, can participate in state-level mediation [34 CFR Section 300.152(a)(3)(ii) (ED) ] of the complaint filed with the CDE. Parties may agree to extend the CDE’s 60-day timeline for resolving a state compliance complaint in order to participate in mediation [34 CFR Section 300.152(b) (ED) ].

How can I request mediation of a state compliance complaint?

To request mediation of a state compliance complaint, parties need to complete the following two forms and submit them to the Complaint Resolution Unit (CRU). If you wish to receive the forms in Spanish, please contact the investigator assigned to your case.

A request for mediation of a state compliance complaint must be sent to the CDE using one of the following options:

Fax: 916-327-3704
Email: speceducation@cde.ca.gov
U.S. Mail or hand delivery:

California Department of Education
Special Education Division
Complaint Resolution Unit
1430 N Street, Suite 2401
Sacramento, CA 95814-5901

If you have any questions related to requesting mediation for a state compliance complaint filed with the CDE, please contact either the investigator assigned to your case provided the case is open or the Complaint Support Unit, 1-800-926-0648.

How can I file a request for mediation only services or mediation of a due process complaint?

Special Education mediations may occur by themselves (referred to as “Mediation Only” cases by the DGS, OAH), as part of a due process hearing case (referred to as “Dual” cases by the DGS, OAH), or as part of a state compliance complaint.

Requests for Mediation Only

If the LEA or other public agency is filing the request, the appropriate optional form template is the DGS, OAH Request for Mediation Only Requested by District or Other Public Agency (PDF) model form template. If someone is acting on behalf of the student, such as a parent or legal guardian, then the appropriate optional form is the DGS, OAH Request for Mediation Only Filed on Behalf of Student (PDF) model form template.

These optional model form templates and available translations can be accessed in the Mediation Forms section below and on the DGS, OAH Request for Mediation Only web page.

Requests for Mediation of a Due Process Complaint

If the LEA or other public agency is filing the request for mediation and a due process hearing, the appropriate optional form is the DGS, OAH Request for Due Process Hearing and Mediation Requested by District or Other Public Agency (PDF) model form template model form template. If someone is acting on behalf of the student, such as a parent or legal guardian, then the appropriate optional form is the DGS, OAH Request for Due Process Hearing and Mediation Requested on Behalf of Student (PDF) model form template.

Links to these optional model form templates and available translations can be accessed in the Due Process Complaint Forms section listed below and on the DGS, OAH Request for Mediation and Due Process Hearing web page.

For more information on mediation policies and procedures, please refer to the CDE, SED’s Dispute Resolution Manual (Coming Soon).

Mediation only requests and requests for the mediation of a due process complaint must be submitted in writing to the DGS, OAH using one of the following options:

Fax: 916-376-4207
U.S. Postal Mail or hand delivery:

Office of Administrative Hearings
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833

The DGS, OAH Secure e-File Transfer (SFT) System replaces the DGS, OAH’s previous method of sending and receiving documents through email attachments. Parties or attorneys will create a password-protected, free account on the SFT web page and will use that account for both sending documents to and receiving documents from the DGS, OAH.

If a parent is unable to either file documents electronically using the SFT, send documents by mail, or hand deliver the documents, please call the DGS, OAH by phone at 916-263-0880 for assistance.

The DGS, OAH has established procedures permitting a due process complaint to be filed electronically using the SFT system, including with the use of an electronic signature. The SFT system ensures that there are appropriate safeguards to protect the integrity of the process for all parties using the electronic filing system. The DGS, OAH’s SFT system authenticates each party as the source of the consent and ensures that all confidentiality requirements that apply to written due process complaints apply to due process complaints filed electronically [34 CFR Section 300.611–300.626 (ED) ]. All due process complaints submitted using the SFT have the same effect as if they were filed in writing.

Mediation Forms

CDE Request for Mediation of a State Compliance Complaint (PDF)

CDE Scheduling Information for Mediation of a State Compliance Complaint (PDF)

DGS, OAH Request for Mediation Only Filed on Behalf of District or Other Public Agency Model Form Template (PDF)
An optional model form template provided by the DGS, OAH for LEAs and other public agencies to request mediation.

DGS, OAH Request for Mediation Only Filed on Behalf of Student Model Form Template (PDF)
An optional model form template provided by the DGS, OAH for parents and educational rights holders to request mediation.

DGS, OAH Request for Due Process Hearing and Mediation Requested by District or Other Public Agency Model Form Template (PDF)
An optional model form template provided by the DGS, OAH for LEAs and other public agencies to request mediation and a due process hearing.

DGS, OAH Request for Due Process Hearing and Mediation Requested on Behalf of Student Model Form Template (PDF)
An optional model form template provided by the DGS, OAH for parents and educational rights holders to request mediation and a due process hearing.

Mediation Resources

Office of Administrative Hearings Self-Help Information for Special Education Cases
The Self-Help pages provide information on Special Education laws and procedures to assist LEAs and families with mediation and due process hearings and to prepare the documents needed for each step in the process. The Self-Help pages also include links to related forms.

Department of General Services, Office of Administrative Hearings Forms
Access the Department of General Services (DGS), Office of Administrative Hearings’ (OAH) optional model form templates for special education mediation, due process complaints/hearings, resolution session outcomes, and other special education due process related forms.

CADRE Special Education Mediation Parent Guide and Companion Videos
A printable parent guide with companion videos developed by the CADRE providing an overview of mediation and how to prepare for mediation sessions. Please visit the CADRE web page for translations.

CADRE Considering Mediation for Special Education Disputes: A School Administrator's Perspective
This pamphlet developed by the CADRE describes an administrator's perspective of the benefits of participating in mediation as a means to solve special education disputes between parents and educators. It dispels common concerns and also provides helpful tips to those considering mediation as a dispute resolution option.

CADRE Family Resources
Dispute resolution resources curated by the CADRE for families of infants, toddlers, children, and youth with disabilities.

State Compliance Complaints

The special education compliance complaint process with federal and state law resource links.

The Special Education Complaint Process

Federal regulations require each state educational agency (e.g., CDE) to adopt written procedures for the investigation and resolution of any state complaint alleging that a school district or other public agency has violated certain requirements of the IDEA. California law also requires the same obligations of the state and includes violations of state special education law.

This information is designed to help parents, guardians, students, and educators understand California’s administrative complaint process. It is not intended to interpret, modify, or replace any procedural safeguards or requirements of federal or state law. The information does not constitute legal advice nor is it a substitute for legal advice.

The CDE encourages parents or other individuals to work collaboratively with the LEAs to resolve differences at the earliest possible point of the disagreement. Successful resolution at the local level may lead to the withdrawal of the complaint, rendering further state investigation unnecessary.

What is a special education complaint?

A written signed complaint is a formal request to the CDE to investigate allegations in which the complainant believes the public agency (e.g., student’s school district) has violated special education law or regulation, federal or state. Complaints may concern one child or student, or a group of students.

Examples of when a person might file a written state complaint include:

The complainant believes the school district is not providing the services included in the child’s individualized education program (IEP).
A copy of the child’s June 1, 2020—IEP was requested by the complainant and the District did not provide it.

Who may file a complaint?

Anyone, including parents, students, teachers, and agency representatives may file complaints. The person filing a complaint is the complainant. The complaint must meet requirements as explained in law and summarized in this document.

What information must be included in a special education state complaint?

Written state complaints must include the following details:

A statement that a public agency (including the name of the LEA) has not followed a requirement of federal or state special education law (this is called the allegation)
The supporting facts on which the statement is based (information that supports his/her belief that a violation has occurred)
The signature and contact information for the person or organization filing the complaint

If the complaint concerns a specific child, the following information must also be included:

The child’s name and address
The name of the child’s school
In the case of a homeless child or youth, contact information for the student
A description of how the alleged violation affected the student (i.e., the nature of the problem to the student), including facts relating to the problem
A proposed resolution of the problem to the extent known and available to the complainant at the time the complaint is filed with the CDE

The complainant must also forward a copy of the complaint request to the school district or public agency serving the student at the same time the complaint is filed with the CDE.

A complainant may use the model complaint form (PDF). Or, the complainant may write the complaint as a letter, making sure to include the required components indicated above.

The 60-day timeline for the CDE to issue its decision begins on the date the Complaint Resolution Unit receives all the required information above.

What can delay or prevent an investigation from occurring?

If the request does not include the required components under the law or the request is based on laws outside of special education.
Failure at the time of filing to forward a copy of the complaint to the LEA or public agency that is the subject of the complaint.

Is there a time limit for submitting a complaint to the CDE?

Complaints must allege a violation that occurred not more than one year prior to the date that the complaint is received.

How can I file a state compliance complaint?

Email: speceducation@cde.ca.gov

Fax: 916-327-3704

U.S. Postal Mail or hand delivery:

California Department of Education
Special Education Division
Complaint Resolution Unit
1430 N Street, Suite 2401
Sacramento, CA 95814-5901

How long does it take to complete an investigation?

Investigations are completed within 60 days of receipt in the CRU. The 60-day time limit may be extended if exceptional circumstances exist with respect to a particular complaint.

What happens after I file a written state complaint?

The CDE's role is to be a neutral factfinder and to promptly resolve complaints. The CDE does not act as an advocate for either party.

When a complaint is received, the request is screened to ensure all the required information has been provided.
A team of investigators will determine whether or not the alleged violation(s) relate to a requirement of special education law; whether they occurred not more than one year prior to the date that the complaint is received; or whether there is missing information.
The complainant will be contacted using the information provided by the complainant in the complaint request to clarify any missing information and provide an opportunity for the complainant to clarify or provide additional information related to the allegations received by the CDE.
Once the allegations are confirmed and the required information is obtained, both the complainant and the local education agency will receive a notification letter indicating the allegations to be investigated. The CDE will also provide a courtesy copy of the complaint request to the LEA.
The CDE encourages cooperative, collaborative relationships by making available voluntary mediation of complaints. (Please see below for description, procedures, and form).
As part of the CDE's required responsibilities, the LEA will be given an opportunity to respond to the complaint. The investigator will request the LEA to submit a response with materials addressing the allegations and/or any related materials the LEA wishes the CDE to consider within a prescribed time period.

CAUTION: Refusal by the LEA to provide the investigator with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation may result in a finding based on evidence collected that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.
In addition, refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegations
The investigation is based on a gathering of facts about the allegation(s) through:
- Communications with both parties confirming the allegation(s)
- Communication to obtain clarification or additional information and facts, from both the Complainant and District specific to the allegations
- Review of documents submitted by both parties
- Interviews arranged with school staff, if necessary
- A visit to the school may occur, if the CDE decides it is necessary
  - Although not a comprehensive list, the following are examples of what may be reviewed:
    - Service logs and schedules
    - Assessment documents
    - IEPs
    - IEP team meeting minutes
    - Prior written notices
    - Settlement Agreements
The investigator shall review all relevant documents and information gathered and determine whether the LEA has violated a requirement of federal or state special education law and provide a written decision referred to as the complaint investigation report.
The written decision or investigation report will be mailed within 60 calendar days of the complaint resolution unit’s receipt of the complete complaint request.

What is a written state complaint investigation report?

The purpose of the state complaint investigation report is to provide a written decision that addresses each alleged violation of special education law. The report includes:

Allegation summary (the problem you allege)
General investigation procedures (how CDE made its decision of compliance or noncompliance)
Applicable law and regulation
Findings of Fact
Conclusions (compliance or noncompliance)
Corrective actions and timelines for completion, if applicable

The CDE sends copies of the investigation report to the complainant, the LEA, and the parent, if different from the complainant.

What if there is noncompliance?

If the report finds noncompliance, it will include corrective actions and the CDE may require the school district or public agency for example, to:

Conduct further assessments
Submit plans outlining proposals to correct violations and prevent future ones
Initiate personnel training in the areas of violations
Provide compensatory education or reimbursement
Review and/or revise procedures and practices
Participate in monitoring and reporting activities
Convene an IEP meeting

The outcome of the written state complaint is a final decision, which must include “corrective actions” that are required to address the needs of the student or group of students involved in the complaint and appropriate future provision of services for all children with disabilities, if the district is found out of compliance.

Any noncompliance will be monitored for completion by the CDE’s CRU.

What if I disagree with the report?

California offers a reconsideration process for written state complaint decisions. As explained at the end of the investigation report, either party (complainant or public agency) may request reconsideration. The reconsideration process steps are:

Send your reconsideration request no later than 30 days from the date appearing on the investigation report
Email your request to speceducation@cde.ca.gov or fax the request to 916-327-3704
Identify the reason(s) for your request:
1. Findings are insufficient to reach a conclusion of law
2. Finding(s) of fact are not supported by substantial evidence
3. Conclusion(s) are inconsistent with the law
4. Corrective action(s) fail to provide proper remedy

What happens when the CDE receives my reconsideration request?

Upon receiving your reconsideration request, the CDE will:

Send you a receipt letter notifying you we have received the request
Review your request
Review the original investigation report
Review the evidence presented during the investigation
If necessary, gather additional information
Within 60 days, either modify the report or deny the request

The CDE will not consider information not previously submitted on reconsideration unless it was not known to the party during the CDE’s investigation and could not have become known to the party during that time with due diligence (5 CCR, Title 5 [CCR], Section 3204[b]). The CDE retains the discretion to seek out additional information from any source in order to ensure an accurate report (5 CCR Section 3204[c]). The CDE can make corrections to a report to ensure factual and/or legal accuracy (5 CCR Section 3204[d]).

How do school districts or public agencies respond to a complaint?

Districts cooperate by responding to the allegations and submitting relevant evidence in a timely manner.

What are the CDE’s responsibilities in the complaint process?
The CDE:

Reviews the complaint and determines if all the required components are addressed, including contacting the LEA and complainant
Adheres to timelines
Sends investigation report copies as appropriate
Provides technical assistance to LEAs for corrective actions
Reconsiders investigation reports when requested and according to the state law
Retains all documents in accordance with CDE policy

Alternatives for Resolving a State Complaint (Disagreement)

While the parent can file a complaint with the CDE, SED or participate in a local alternative dispute resolution arranged by the LEA, the parent may also participate in mediation with the OAH or request a hearing with the OAH, seeking a decision by an Administrative Law Judge.

In this section, we will focus on mediation of a state complaint.

What is mediation?

Mediation is a voluntary process in which the parent and the LEA agree to have confidential discussions with a qualified and impartial individual with the goal to resolve disputes alleged in a state-filed complaint. If the parties reach agreement on a resolution, the parties will enter into a legally binding agreement that documents the resolution. The parent and LEA may agree in writing to extend the complaint timeline so they can participate in mediation.

Who may request mediation of a state compliance complaint?

Parents of a child with a disability and the LEA may request mediation.

How do you request mediation of a state compliance complaint submitted to the CDE?

A request for mediation must be sent to the CDE via US mail, fax, or email. You will need to complete the following two forms and submit them to the Complaint Resolution Unit. If you wish to receive the forms in Spanish, please contact the investigator assigned to your case.

If you have any questions related to requesting a mediation for a CDE complaint filed, please contact either the investigator assigned to your case provided the case is open or the Complaint Support Unit, 1-800-926-0648.

It is important to note that both parties (parent and school district) must agree to mediation. In addition, the parent and public agency may agree in writing to extend the complaint timeline so they can participate in mediation.

Resources and Online Links

Laws and Regulations

IDEA
IDEA Statute and Regulations
State Complaint Timelines and Procedures: California EC sections 56043(p) , and 56500.2
State Investigation procedures: 5 CCR sections 3200-3204

Federal Guidance

Office of Special Education Programs (OSEP)
Questions and Answers on the Office for Civil Rights Complaint Process
OSEP Policy Letters and Dear Colleague Letters

State Compliance Complaint Resources

Federal and state funded organizations
The Center for Appropriate Dispute Resolution in Special Education
CADRE Written State Complaints Parent Guide and Companion Videos

Questions for Each Process	CDE Complaint	Mediation of CDE Complaint	OAH Due Process	OAH Mediation Only
Who can initiate the process?	Any individual or organization.	CDE is required to offer mediation to a parent complainant but both parent and LEA must agree, and participation is voluntary.	Parent or LEA.	Parent or LEA. Participation is voluntary.
What is the time limit for filing?	One year from the date of the alleged violation.	None specified	The parent or LEA must request a due process hearing through the filing of a due process complaint which must allege a violation that occurred not more than two (2) years before the date the parent or the LEA knew or should have known about the alleged action that forms the basis of the due process complaint.	None specified.
What issues can be resolved?	Alleged violations of federal and state special education laws	Any matter identified in a CDE complaint.	Any matter relating to the identification, evaluation or educational placement or provision of a free appropriate public education.	Any matter related to special education law.
What is the timeline for resolving the issues?	60 days from receipt of the complaint unless an extension is agreed to by the parties or if exceptional circumstances exist with respect to a particular complaint.	IDEA does not contain a specific timeframe in which mediation must occur. Because mediation is voluntary, the parties have the flexibility to identify a mutually agreeable time to meet.	45 days from the end of the resolution period unless specific extensions to the timelines are granted. Once an LEA is in receipt of the parent's due process complaint, the LEA must convene a resolution meeting within 15 days, unless the parties agree in writing to waive the meeting or agree to use mediation. The resolution period is 30 days from receipt of the parent's due process complaint unless the parties agree otherwise or the parent or LEA fails to participate in the resolution meeting, or the LEA fails to convene the resolution meeting within 15 days of receipt of the parent's due process complaint.	In a timely manner.
Who resolves the issues?	CDE	Parent and LEA with the help of a professional mediator arranged through CDE.	OAH Hearing Officer	Parent and LEA with the help of a professional mediator through OAH.

Due Process Complaints and Hearings

Information on special education due process complaints and hearings with federal and state law resource links.

What is due process in special education?

Due process in special education refers to the rights and procedures related to resolving disputes between parents and districts. Under the IDEA, a parent, an adult student, LEA, or public agency may file a due process complaint on any special education related matters relating to the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to the child [34 CFR Section 300.507 (ED) ]. Both parents and LEAs or other public agencies have the right to file a due process complaint.

Pursuant to EC Section 56504.5 (CA Legislative Information) , the CDE, SED oversees an interagency agreement with the DGS, OAH to monitor, track, provide training, and manage cases of due process complaints in adherence with all federal and state laws and regulations. Every special education due process complaint, hearing, and review must be provided at no cost to the student, or the parent of the student. The CDE assumes the cost of the due process complaint hearing, including the due process hearing officer, location, and the provision of transcripts. Attorney fees and other associated costs, such as expert witness fees, are the responsibility of the parties involved.

To view the CDE’s current interagency agreement with the DGS, OAH to implement due process complaint hearings and mediation processes, please visit the DGS, OAH Resources web page .

What is a due process complaint?

A due process complaint is a written complaint filed by a parent, adult student, LEA, or other public agency related to the identification, evaluation, placement, or provision of a FAPE for a child with a disability. Whenever a due process complaint is received, the parties involved in the dispute must have an opportunity for an impartial a due process hearing [34 CFR 300.511(a) (ED) ].

A due process complaint must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint. As indicated in the PSN, California is considered a one-tiered due process system. This means that the CDE is responsible for overseeing the implementation of all state and federal requirements for conducting due process hearings. The CDE oversees an interagency agreement with the DGS, OAH to implement the due process complaints and hearings process in alignment with federal and state regulations. In one-tiered systems, all appeals from a due process hearing decision are brought directly to federal or state court.

The IDEA does not preclude a parent from filing multiple due process complaints as long as each complaint pertains to issues separate from an existing due process complaint that has been filed [34 CFR Section 300.513(c) (ED) ].

What is a due process hearing?

A due process hearing is a formal procedure used to decide disagreements between parents, adult students, and a LEA or public agency. The CDE holds an interagency agreement with the DGS, OAH for the implementation of all state and federal requirements for due process complaints and hearings. All due process hearings are facilitated by the DGS, OAH under the supervision of the CDE [34 CFR Section 300.511(b) (ED) ].

During a due process hearing, all parties can present their evidence and arguments, and an impartial special education due process hearing officer makes a ruling to solve the disagreement. All witnesses are placed under oath and each party may testify and ask witnesses questions. Mediation is available at any time during the due process proceedings. Even if the parties have cancelled mediation or want a second mediation, they may agree to a date for it and send a written request to the DGS, OAH.

Only the issues that were raised in the due process complaint filed can be discussed at the due process hearing. Parties may not raise new issues at the due process hearing unless the other party agrees otherwise [34 CFR Section 300.511(d) (ED) ]. The hearing officer considers all facts and specific circumstances of the case and determines whether to address issues raised by the non-complaining party that were not in the original complaint.

When parents hire an attorney for a hearing, they must notify the LEA or public agency at least 10 days before the due process hearing. An attorney must file a “notice of representation” with the DGS, OAH and must serve all other parties with this notice. If parents hire an attorney less than 10 days before the due process hearing, the attorney may request a continuance of the hearing. The DGS, OAH provides a list of attorneys who have agreed to provide legal services free or at a reduced cost.

For more information on what to expect during a due process hearing, how to prepare, and to access the list of low cost or free attorneys and advocates can be found on the DGS, OAH Due Process Hearing web page.

Requests for Due Process Hearing Only

If the LEA or other public agency wishes to file a request for a due process hearing without requesting mediation, the appropriate optional form is the DGS, OAH Request for Due Process Hearing Only Filed on Behalf of District or Other Public Agency model form template (PDF) . If someone is filing a request for a due process hearing without requesting mediation on behalf of the student, such as a parent or legal guardian, then the appropriate optional form is the DGS, OAH Request for Due Process Hearing Only Filed on Behalf of Student model form template (PDF).

Links to these optional model form templates and available translations can be accessed in the Due Process Complaint Forms section listed below and on the DGS, OAH Request for Hearing Only web page.

Requests for Mediation and Due Process Hearing

If the LEA or other public agency is filing the request for mediation and a due process hearing, the appropriate optional form is the DGS, OAH Request for Due Process Hearing and Mediation Requested by District or Other Public Agency model form template (PDF). If someone is acting on behalf of the student, such as a parent or legal guardian, then the appropriate optional form is the DGS, OAH Request for Due Process Hearing and Mediation Requested on Behalf of Student model form template (PDF).

How can I file a due process complaint and request a due process hearing?

The DGS, OAH, in collaboration with the CDE, SED, has developed optional model form templates to assist parents and other parties in filing a due process complaint [34 CFR Section 300.509 (ED) ]. The use of the optional form template is not required for parties to file a due process complaint [34 CFR Section 300.509(a) (ED) ], but all written complaints must include the required information. Pursuant to 34 CFR Section 300.508(b) (ED) , written due process complaints filed with the DGS, OAH must include the following information:

The name of the child
The address of the residence of the child
The name of the school the child is attending
In the case of a child experiencing homelessness, available contact information for the child and the name of the school the child is attending
A description of the nature of the problem, including relevant facts

A proposed resolution of the problem to the extent known and available to the party
Written due process complaints and requests for due process hearings can be submitted to the DGS, OAH using one of the following options:

Fax: 916-376-4207
U.S. Postal Mail or hand delivery:

Office of Administrative Hearings
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833

The DGS, OAH Secure e-File Transfer (SFT) System replaces the DGS, OAH’s previous method of sending and receiving documents through email attachments. Parties or attorneys will create a password-protected, free account on the SFT and will use that account for both sending documents to and receiving documents from the DGS, OAH.

If a parent is unable to either file documents electronically using the SFT, send documents by mail, or hand deliver the documents, parties can receive additional assistance by contacting the DGS, OAH by phone at 916-263-0880.

For more information on due process complaints policies and procedures, please refer to the CDE, SED’s Dispute Resolution Manual (Coming Soon).

What is a resolution period?

During the period of time between the date of filing of the request for a due process hearing and the commencement of the hearing, the IDEA provides a 30-day resolution period as an opportunity to resolve the dispute as early as possible at the local level and to avoid the need for a more costly, adversarial, and time-consuming due process proceeding [34 CFR Section 300.510 (ED) ]. At the conclusion of the 30-day resolution period, the 45-day timeline for issuing a final decision addressing the due process complaint begins, unless adjustments to the resolution period have been made [34 CFR Section 300.510(b)(2) (ED) and 34 CFR 300.515 (ED) ].

Pursuant to 34 CFR Section 300.510(c) (ED) , the 45-day timeline for due process hearings starts the day after one of the following events:

Both parties agree in writing to waive the resolution meeting
After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible
If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or public agency withdraws from the mediation process

If both parties agree to use the mediation process but the matter is not yet resolved, at the end of the 30-calendar day resolution period, both parties may agree in writing to continue the mediation until an agreement is reached. However, if either party withdraws from the mediation process, then the 45-calendar day timeline for the due process hearing starts the next day.

What occurs during resolution session?

During the resolution period, the LEA or public agency must convene a meeting known as a resolution session. The purpose of the resolution session is for the parties to discuss the complaint and the facts that form the basis of the complaint so that the LEA or public agency can attempt to resolve the issues without the need for a hearing. This resolution session must occur unless waived in writing by both parties or unless both parties agree to mediation.

The parent or adult student and the LEA or public agency determine the members of the IEP team who need to attend the resolution session [34 CFR Section 300.510(a)(4) (ED) ]. This includes the parent(s) and IEP team members who have specific knowledge of the facts identified in the due process complaint. The meeting must also include a representative of the LEA or public agency who has decision-making authority [34 CFR Section 300.510(a)(1)(i) (ED) ]. All LEAs and public agencies cannot invite an attorney to participate in the resolution session unless an attorney accompanies the parent or adult student [34 CFR Section 300.510(a)(1)(ii) (ED) ].

Under the IDEA, resolution session discussions are not required to be confidential, and may be admitted in a due process hearing or civil proceeding. However, the IDEA does not prohibit LEAs and public agencies from entering into a confidentiality agreement as part of their resolution agreement resolving the dispute outlined in the due process complaint.

What is the timeline for convening a resolution session?

All LEAs or other public agencies must convene a resolution session within 15 days of receiving a parents’ complaint unless the meeting is waived by both parties or the parent and the LEA or public agency agree to mediation [34 CFR Section 300.510(a)(3)(i-ii) (ED)]. This 15-day timeline cannot be suspended by the LEA during school closures, breaks, or holidays. In addition, the LEA or public agency must hold the resolution meeting even if it has challenged the sufficiency of the parent’s due process complaint. If the LEA or public agency is the complainant, they are not required to convene a resolution meeting.

Although the use of ADR strategies is encouraged as a means of resolving disputes prior to elevating disagreements to due process proceedings, LEAs and other public agencies are still required to convene a resolution session in addition to these strategies. If requested by the parent or adult student, the LEA or public agency should offer alternative means of participation such as opportunities to participate via videoconferences or conference telephone calls. All LEAs and public agencies should document all efforts to elicit participation from all parties.

If an LEA or public agency fails to hold the resolution meeting within 15 days of receiving notice of a parent’s due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline [34 CFR Section 300.510(b)(5) (ED) ]. Parents and educational rights holders can contact the DGS, OAH to file a motion to request the initiation of a due process hearing. For more information on filing a motion, please visit the DGS, OAH Motions web page.

Can resolution sessions be waived?

Resolution sessions can only be waived if both parties submit a written waiver or an agreement to utilize the mediation process to resolve their dispute [34 CFR Section 300.506 (ED) ].The failure of the parent or adult student filing a due process complaint to participate in the resolution session will delay the timelines for the resolution period and due process hearing until the meeting is held [34 CFR Section 300.510(b)(3) (ED) ]. A hearing officer may restart the timeline and order the parent or adult student to attend a resolution session within a certain number of days and dismiss the due process complaint if they do not attend.

If the LEA or public agency is unable to obtain parent participation after reasonable efforts have been made and documented, the LEA or public agency may request that a hearing officer dismiss the due process complaint at the conclusion of the 30-day timeline [34 CFR Section 300.322(d) (ED) and [34 CFR 300.510(b)(4) (ED) ].

How does the State ensure compliance with resolution period requirements?

The CDE monitors LEA and public agency compliance with resolution period requirements as a part of the CDE’s general supervisory responsibilities. The CDE, in collaboration with the DGS, OAH, is required to collect data on resolution session outcomes.

To ensure resolutions sessions are held in a timely manner, LEAs and public agencies are required to report the status and outcome of a resolution session to the DGS, OAH. The CDE, in collaboration with the DGS, OAH, developed the “Notice of Resolution Outcome Session” optional model form template that LEAs and public agencies may use to report the required information on whether resolution sessions were held in a particular case. Please note that model form template is optional, but the content of the form is required for resolution session outcome data tracking by the CDE.

This form collects data on the following:

Number of resolution sessions and dates on which they were held
If resolution sessions were held within the 15-day timeline
Whether the resolution session results in a full or partial agreement
Whether the resolution session resulted in a written settlement agreement
An explanation of why a resolution session was not held (i.e., both parties agreed to participate in mediation, the LEA or public agency failed to convene the resolution session, lack of parent participation and documentation of efforts, etc.)

A link to the DGS, OAH Notice of Resolution Session Outcome model form template (PDF) can be accessed on the DGS, OAH Notice of Resolution Session Outcome web page.

An authorized representative of the LEA or public agency must complete and send this information to the DGS, OAH along with a copy of any written waivers to the due process hearing officer assigned to the due process hearing case. All LEAs and public agencies can submit the DGS, OAH Notice of Resolution Session Outcome model form template (PDF) and written waivers to the DGS, OAH using one of the following options:

U.S. Postal Mail or hand delivery:

Office of Administrative Hearings
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833

The DGS, OAH Secure e-File Transfer (SFT) System replaces the DGS, OAH’s previous method of sending and receiving documents through email attachments. Parties or attorneys will create a password-protected free account at the SFT and will use that account for both sending documents to and receiving documents from the DGS, OAH.

For additional information and resources regarding special education resolution session meetings, please visit the CADRE IDEA Special Education Resolution Meetings Parent Guide web page.

Due Process Complaint and Hearing Forms

DGS, OAH Request for Due Process Hearing Only Filed on Behalf of District or Other Public Agency Model Form Template (PDF)
An optional model form template provided by the DGS, OAH for LEAs and other public agencies to request a due process hearing.

DGS, OAH Request for Due Process Hearing Only Filed on Behalf of Student Model Form Template (PDF)
An optional model form template provided by the DGS, OAH for parents and educational rights holders to request a due process hearing.

DGS, OAH Request for Due Process Hearing and Mediation Requested by District or Other Public Agency Model Form Template
An optional model form template provided by the DGS, OAH for LEAs and other public agencies to request mediation and a due process hearing.

DGS, OAH Request for Due Process Hearing and Mediation Requested on Behalf of Student Model Form Template
An optional model form template provided by the DGS, OAH for parents and educational rights holders to request mediation and a due process hearing.

DGS, OAH Notice of Resolution Session Outcome
All LEAs or other public agencies must convene a resolution session within 15 days of receiving a parents’ complaint unless the meeting is waived by both parties or the parent and the LEA agree to mediation [34 CFR Section 300.510(a)(3)(i-ii)]. The CDE monitors LEAs’ compliance with resolution period requirements as a part of the CDE’s general supervisory responsibilities. The CDE, in conjunction with the DGS, OAH, is required to collect data on resolution session timelines and their outcomes. The Notice of Resolution Outcome Session form template, available at the above web page, may be used to report information on whether Resolution Sessions were held in a particular case.

Due Process Complaint and Hearing Resources

DGS, OAH Hearings Forms
Access the DGS, OAH optional form templates for special education mediation, due process complaints/hearings, resolution session outcomes, and other special education due process related forms.

DGS, OAH Low-Cost or Free Attorneys and Advocates for Special Education
A list of low-cost or free attorneys and advocates curated by the DGS, OAH. The attorneys and advocates listed have self-certified that they provide low-cost or free services to assist in preparation for special education due process cases.

DGS, OAH Self-Help Information for Special Education Cases
The DGS, OAH’s Self-Help pages, also referred to as The Handbook, provide information on Special Education laws and procedures as well as links to related forms, to help parties better understand due process hearings and mediations, and to prepare the documents needed for each step in the process.

DGS, OAH Special Education Decisions and Orders Database
Access a search system to look up decisions and orders for special education mediation and due process cases overseen by the DGS, OAH.

CADRE Special Education Due Process Complaints Parent Guide and Companion Videos
A printable parent guide with companion videos developed by the CADRE providing an overview of due process hearings and what to expect after a due process complaint is filed. Please visit the CADRE web page for translations.

CADRE Special Education Resolution Meetings Parent Guide and Companion Videos
A printable parent guide with companion videos developed by the CADRE providing an overview of resolution meetings. Please visit the CADRE web page for translations.

CADRE Special Education Expedited Due Process Parent Guide and Companion Videos
A printable parent guide with companion videos developed by the CADRE providing an overview of expedited due process complaints. Please visit the CADRE web page for translations.

Contact Information and Partnerships

California Department of Education, Constituent’s Office

Phone: 800-926-0648
Email: SEDCO@cde.ca.gov

California Department of Education, Complaint Resolution Unit

Fax: 916-327-3704
Email: speceducation@cde.ca.gov

Department of General Services, Office of Administrative Hearings

Phone: 916-263-0880
Fax: 916-376-4207
Email: DGSOAHFeedback@dgs.ca.gov
Address:

Office of Administrative Hearings
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833

Center for Appropriate Dispute Resolution in Special Education

Phone: 541-359-4210
Fax: 458-215-4957
Email: cadre@directionservice.org
Address:

Center for Appropriate Dispute Resolution in Special Education
576 Olive St, Suite 300
Eugene, OR 97401

Dispute Resolution Resources

The California Department of Education’s Dispute Resolution Manual (Coming Soon)
This document developed by the CDE, SED is intended to serve as a guide for the prevention and resolution of disputes pertaining to students with disabilities eligible for services outlined within the IDEA, and the CFR, in addition to the state requirements under the CCR and the California EC.

Quality Assurance Process
This web page developed by the California Department of Education (CDE) provides resources to improve educational outcomes for students with disabilities while ensuring compliance with state and federal laws and regulations, including information regarding California State Performance Plan, Procedural Safeguards resources, forms for state compliance complaints, and available translations.

California Procedural Safeguards Notice (PDF)
Special Education Rights of Parents and Children Under the IDEA, Part B, and the California EC.

Procedural Safeguards Notice Translations
As a form of assistance to LEAs and other public agencies, the CDE offers, free of charge, the translations in multiple languages. Clearinghouse for Multilingual Documents (CMD) translations may be downloaded by schools, districts, and county offices; customized to meet local needs; edited to remove CMD document information; and then disseminated to parents. The CDE recommends that LEAs and other public agencies first confer with local translators, however, to determine any need for modifications, as there can be many variations in translation.

DGS, OAH Forms
Access the DGS, OAH optional form templates for special education mediation, due process complaints/hearings, resolution session outcomes, and other special education due process related forms.

DGS, OAH Special Education Decisions and Orders Database
Access a search system to look up decisions and orders for special education mediation and due process cases overseen by the DGS, OAH.

Dashboard and Quarterly Reports for Special Education Cases
Access interactive dashboards and most recent quarterly data reports for the Special Education division.

Seeds of Partnership – Alternative Dispute Resolution California
The Alternative Dispute Resolution California (ADR California) Resource Hub provides information and resources for special educators, parents, LEAs, Special Education Local Plan Areas (SELPAs), and parent centers across California. Explore resources aimed at improving partnerships, resolving disagreements, and reducing formal complaints and due process filings.

Special Education Local Plan Area Administrators of California – Alternative Dispute Resolution
Information, training announcements, and resources for family engagement and ADR from the SELPA Administrators of California.

System Improvement Leads State Performance Plan Indicator Guide
The CDE partnered with the SELPA Systemic Improvement Leads to develop a State Performance Plan (SPP) Indicator Guide to support school leaders in analyzing SPP Annual Performance Report (APR) data to improve the quality of education for all students, including those with disabilities. The Guide provides convenient access to information on the California SPP Indicators and includes a collection of individual handouts for each of the SPP indicators reported in the local-level APR. Each handout outlines the essential elements of the specified indicator including definition, data source, calculation, targets, and connections to related processes.

OSEP – Center for Parent Information and Resources
The OSEP funds this hub of information. It contains family-friendly information and research-based materials on key topics for Parent Centers; private workspaces for Parent Centers to exchange resources, discuss high-priority topics, and solve mutual challenges; coordination of parent training efforts throughout the network; a twice-monthly e-newsletter with key topics, new resources, upcoming events, and materials to share with families; and materials from Parent Centers themselves.

Family Resource Centers Network of California
The Family Resource Centers (FRC) Network of California supports families of children with disabilities, special healthcare needs, and those at risk by ensuring the continuance, expansion, promotion, and quality of family-centered, parent-directed, FRCs. One of their main functions is to connect families and community partners to services and resources supporting children with disabilities. They also forge deep partnerships with community and statewide stakeholders to benefit children throughout the state.

Seeds of Partnership – Family Empowerment Centers
FECs provide training and information to families of children and young adults with disabilities, between the ages of 3 and 22 in California. FECs aim to assist parents to better understand their child’s educational and developmental needs, effectively communicate with service providers, serve as a resource for the IEP process, participate in school reform and improvement activities, promote alternative dispute resolution, and support positive relationships between parents and professionals.

Pathways to Partnership Project
The Pathways to Partnership consortium envisions a statewide educational community with the necessary skill sets to prevent, reduce, and resolve conﬂicts building trust and mutual understanding between families and educational agencies. The vision embraces resolving conﬂict at the lowest level, preserving relationships with all members of the IEP team, and ensuring the IEP process is the foundation for positive, equitable student outcomes for all students with disabilities. The Pathways to Partnerships vision seeks to transform the way in which educators respond to conﬂict and dispute within the California special education system and Statewide System of Support by establishing a sustainable continuum for dispute prevention and resolution that is accessible to all. The program is based on three overarching pillars of support including family and community support, conflict prevention, voluntary ADR strategies, and facilitated IEP meetings.

CADRE Quick Guide to Special Education Dispute Resolution Processes (PDF)
A comparison chart of dispute resolution processes developed by the CADRE.

CADRE Dispute Resolution Parent Guides and Companion Videos
Parent guides and related videos developed by the CADRE explaining facilitation, mediation, written state complaints, due process complaints, resolution meetings, and expedited due process complaints.

CADRE Family Resources
Dispute resolution resources curated by the CADRE for families of infants, toddlers, children, and youth with disabilities.

CADRE Part B Dispute Resolution Data Summaries
Summaries of historical dispute resolution data developed by the CADRE and organized by state to assist with the identification of trends and changes in the use of dispute resolution processes over time.

State Compliance Complaint Process
The state compliance complaint process with federal and state law resource links.

Helpful Hints When Requesting Direct State Intervention
This CDE resource provides suggestions and examples of how to expedite the state compliance complaint investigation process. Examples provided pertain to only the most common allegations.

Request for State Compliance Complaint Investigation Form (PDF)
Access the CDE’s model form template for filing a compliance complaint that alleges a violation of state or federal special education laws.

Special Education Administrative Hearing Decisions (SEAHD) 1993-2005 (Posted 14-Sep-2012)
Contains the Special Education Hearing Offices (SEHO) administrative hearing decisions from 1993 to 2005.

Questions: Constituent Support Office | SEDCO@cde.ca.gov | 800-926-0648

Last Reviewed: Friday, June 20, 2025