Instructions for using SFT can be found at e-File Information.Ĭhildren with disabilities have a right to a free appropriate public education, no matter what type of disability they have. Private information contained in documents sent to and from OAH using SFT is more secure than other methods used to send documents such as email or facsimile. The Special Education Division has an online document filing system called the Secure e-File Transfer (SFT) system. There are links to OAH forms that can be filled out on-line and printed. This website provides access to the special education case calendar, judges' assignments and profiles, searchable decisions and orders, the advisory board, and a list of attorneys and advocates that self-certify that they offer special education services at a low cost or for free. The people employed by OAH work very hard to make sure both sides receive a fair hearing process. Their goal is to ensure students with disabilities receive a FAPE, and to make sure everyone follows the law. Judges and mediators are trained not to take sides. OAH provides mediators and administrative law judges who help parents and districts work out their differences in mediation or as the result of a hearing. The Special Education Division handles mediations, prehearing conferences and due process hearings. OAH is a neutral state agency that helps solve disagreements between individuals and government agencies. The Office of Administrative Hearings, Special Education Division Lastly, the term “party” means a parent, person, district or other educational agency involved in a due process proceeding. Other state agencies that provide services to children with disabilities.Special Education Local Plan Areas (commonly called SELPAs).“District" is used to refer to all educational agencies involved in making educational decisions for a student. Students that are 18 or older have the same rights as "parents" as that term is used here. “Parents," as used below, means parents, legal guardians, or any person or entity who is legally responsible for protecting a student's educational rights. There are many different people and agencies involved in due process proceedings. (For information on how to contact the Sacramento office of OAH, please see the " About" page. Forms are available through this website or by asking for them from the OAH office in Sacramento. All of these instructions explain what forms are available and how to use them. The instructions for the forms may also be found in more depth in the Handbook. The forms have instructions printed on them and the instructions are also provided in this section of the website. This request is often called a “complaint.” OAH has a form to use to request due process and other forms to use during the proceedings. This section will refer to the Special Education Division of the Office of Administrative Hearings as "OAH."ĭue process begins when someone sends a request for due process to OAH. The Office of Administrative Hearings cannot give legal advice to anyone, but it is easier to be a part of mediation and a due process hearing if you understand the process. This section of the website, and the Parents’ Handbook (see below for a link), is meant to help parents understand due process whether or not they have an attorney or other help. Parents also have the right to be accompanied by persons with specialized knowledge, although non-attorneys cannot represent parents in mediation or in hearings. Some, but not all, parents choose to have an attorney represent them. However, parents have a right to an attorney, at their own expense. The IDEA intended parents to be able to use due process without an attorney. This section of the website describes what due process is and how it works in California. The second goal is to help families use what is called “due process” if they believe their child is not receiving a FAPE. The first goal is to help students and their families understand their rights under the law. This portion of the website has two goals. The California version of the law is in California's Education Code. The federal law is also known as the IDEA. The federal law that gives these rights is the Individuals with Disabilities Education Act. The acronym "FAPE" is used to mean a free appropriate public education. This section of the website explains how due process works, walking through each step of the process and explaining how to participate in each step.Īll children with disabilities have a right to a free appropriate public education. SPECIAL EDUCATION DUE PROCESS AND HOW IT WORKS
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