6159.1 - Complaints of Special Education Student IEP Due Process Violation - Procedure

As stated in California Code of Regulations 3082:

1. A parent or public education agency may initiate a hearing pursuant to Education Code Sections 56500 through 56508 and Title 34, Code of Federal Regulations, Sections 300.506 through 300.514 on any of the matters described in Education Code Section 56501. The hearing shall be conducted by a hearing officer knowledgeable in administrative hearings and under contract with the State Department of Education.
2. The hearings conducted pursuant to this section shall not be conducted according to the technical rules of evidence and those related to witnesses. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. All testimony shall be under oath or affirmation which the hearing officer is empowered to administer.
3. In addition to the rights afforded both parties to the hearing pursuant to Education Code Sections 56500 56508 and Title 34, Code of Federal Regulations, Section 300.514, the parties shall also have the following rights.
   1. To call witnesses, including adverse witnesses, and to cross examine witnesses from the other party.
   2. To compel the attendance of witnesses. The hearing officer shall have the right to issue Subpoenas (order to appear and give testimony) and Subpoenas Duces Tecum (order to produce document(s) or paper(s) upon a showing of reasonable necessity by a party).
   3. Absent compelling circumstances to the contrary, and upon motion to the hearing officer to have witnesses excluded from the hearing.
4. Hearings shall be conducted in the English language. When the primary language of a party to a hearing is other than English, or other mode of communication, an interpreter shall be provided who is competent as determined by the hearing officer. Interpreters shall take an oath to interpret fully and accurately.
5. The parents or a public agency have the right to be represented by an attorney, advocate or other representative in any and all proceedings subsequent to or related to the due process hearing.
6. Notwithstanding Government Code Section 1 1425.10(a)(3) of the Administrative Procedure Act and pursuant to Title 34, Code of Federal Regulations, Section 300.509, special education due process hearings are open/closed to the public at the discretion of the parent

Approved: May 10, 1994
Revised: June 19, 2001