Sample Letter - Due Process Hearing Request

Ms. Jane Advocate
Address
City, State, Zip
Telephone Number

Date

Office of Administrative Hearings
Special Education Unit
1102 Q Street, 4th Floor
Sacramento, California  95814

Phone:  (916) 323-6876
Fax:      (916) 322-8014

Re: Due Process Hearing

Dear Sir/Madam:

I am writing to request a due process fair hearing for my son, John Smith. His address is [address]. His date of birth is [date]. He is in the [grade level] grade. He is attending [name of school district] district. He resides in the [name of the school district in which the child resides] school district. I am the parent [or guardian] of John Smith and my residence address and telephone number are as noted above.

Besides the [name] school district, the [name of other public agency involved in the assessment or provision of special education or related services to the pupil] is involved in John' s IEP.

I am requesting this due process proceeding because [explanation of disputed issues involved]. I believe these disputed issues could be resolved if [explanation of your proposed resolutions to each disputed issue described above].

As noted below, I have sent a copy of this letter to [name of applicable school district special education official]. Please send me a copy of the Special Education Hearing Office Notice of Procedural Safeguards and any amendments or subsequent revisions of the Notice. Please contact me as soon as possible to advise me of the dates of the due process hearing and name and telephone number of the proposed mediator.

Sincerely,

Jane Advocate

cc: [name of applicable school district superintendent to whom copy of this letter has been sent.]

NOTE: You can also use your school district's form for requesting a due process hearing, if your district has one, and if the form contains all of the information included above. You should send a courtesy copy of your request for a due process fair hearing to the superintendent of the school district.

Due Process Statement

You can help CASE and PAI monitor the effectiveness of CDE's compliance complaint process. If you file a complaint with either CDE or your local school district, please send CASE or PAI a copy of your complaint; the investigation report; and, most importantly, a brief description of problems or successes you have regarding the enforcement of required corrective actions by CDE or your school district. No individual advocacy efforts will be undertaken by CASE and/or PAI based solely on the submission of this material. Thank you for assisting CASE and PAI with this monitoring effort.