OAH special education: due process hearing request, 2 years after the party knew or had reason to know of the facts

24 months after date the party initiating the request knew or had reason to know of the facts underlying the request, under Cal. Educ. Code 56505(l).

Rule text

(l) A request for a due process hearing arising under subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of the facts underlying the basis for the request.

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

Calculate this deadline

Deadline
Monday, November 6, 2028
  1. Trigger (Date the party initiating the request knew or had reason to know of the facts underlying the request): Friday, November 6, 2026.
  2. Add 24 months: Monday, November 6, 2028.
Rules applied
Cal. Educ. Code 56505(l)
(l) A request for a due process hearing arising under subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of the facts underlying the basis for the request.
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
  • Does not apply to a parent prevented from filing by specific LEA misrepresentations that it had solved the problem, or by LEA withholding of required information (56505(l)(1), (2)). Knew-or-should-have-known date is a fact question for counsel.
  • 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 initiating the request knew or had reason to know of the facts underlying the request on Monday, March 15, 2027, personal service: due Thursday, March 15, 2029.

  1. Trigger (Date the party initiating the request knew or had reason to know of the facts underlying the request): Monday, March 15, 2027.
  2. Add 24 months: Thursday, March 15, 2029.

Notes

Does not apply to a parent prevented from filing by specific LEA misrepresentations that it had solved the problem, or by LEA withholding of required information (56505(l)(1), (2)). Knew-or-should-have-known date is a fact question for counsel.

Related deadlines

All California agencies deadlines

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.