Who attends the due process hearing?
As a parent, you have the right to have the hearing open or closed. [5 C.C.R. Sec. 3082(f).] If the hearing is open, members of the public can attend. However, even if the hearing is open, you can still have witnesses sequestered. [5 C.C.R. Sec. 3082(c)(3).] “Sequestered” means that witnesses cannot be present at the hearing to hear the testimony of other witnesses. [34 C.F.R. Sec. 300.509; Cal. Ed. Code Sec. 56501(c)(2).] If the hearing is closed, members of the public cannot attend. A closed hearing usually consists of you (and your child if you want), your representative, the hearing officer, the education agency’s representative and the agency’s advocate. Testimony can be taken by telephone at the discretion of the hearing officer if each participant can hear and participate in the entire proceeding while it is taking place. [5 C.C.R. Sec. 3082(g).] If you hope to present testimony by telephone, you should make sure you have the hearing officer’s permission to do so well in advance
