Due Process & Mediation

Under IDEA, parents have the right to file a due process complaint when they disagree with the school district's identification, evaluation, placement, or provision of FAPE for their child. A due process hearing is a formal legal proceeding conducted before an administrative law judge (ALJ). The district is represented by attorneys. Your child deserves the same.

California uses a single-tier due process system administered by the Office of Administrative Hearings (OAH). Timelines are strict, and the evidence you present at the hearing largely determines the outcome.

• Filing: We draft and file your due process complaint with the OAH
• Resolution Period: 30-day window for the district to resolve the complaint informally
• Mediation: Optional but often effective — we represent you at the table
• Prehearing Conference: Issues and evidence rules are established
• Hearing: We present witnesses, cross-examine district staff, and argue your case
• Decision: ALJ issues a written decision within 45 days of the hearing
• Appeal: Either party may appeal to federal or state court

Mediation is a voluntary, confidential process where a neutral mediator helps both parties reach an agreement. It is faster and less adversarial than a full due process hearing. Attorney Sparks has negotiated favorable settlements through mediation for families across California, securing services, placements, compensatory education, and funding for non-public school placement.