OAH special education: appeal of hearing decision to state or federal court (90 days after receipt of decision)

90 days after date the party received the hearing decision, under Cal. Educ. Code 56505(k).

Rule text

An appeal shall be made within 90 days of receipt of the hearing decision.

Cal. Educ. Code 56505(k), official source

Calculate this deadline

Deadline
Thursday, February 4, 2027
  1. Trigger (Date the party received the hearing decision): Friday, November 6, 2026.
  2. Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Rules applied
Cal. Educ. Code 56505(k)
An appeal shall be made within 90 days of receipt of the hearing decision.
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • Runs from RECEIPT, not issuance or mailing; enter the actual receipt date. Applies to state court and federal district court actions (20 U.S.C. 1415(i)(2)(B) defers to the state period). Attorney fee claims under 20 U.S.C. 1415(i)(3) may have a different limitations period (case law; not modeled).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the party received the hearing decision on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.

  1. Trigger (Date the party received the hearing decision): Monday, March 15, 2027.
  2. Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).

Notes

Runs from RECEIPT, not issuance or mailing; enter the actual receipt date. Applies to state court and federal district court actions (20 U.S.C. 1415(i)(2)(B) defers to the state period). Attorney fee claims under 20 U.S.C. 1415(i)(3) may have a different limitations period (case law; not modeled).

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.