Virtual Prehearing Conferences and Hearings
The information below includes information necessary to participate in Prehearing Conferences and Hearings either by telephone or videoconference. This information is provided in the outline below.
The Office of Administrative Hearings, referred to as "OAH," Special Education Division conducts Prehearing Conferences and Hearings by videoconference and telephone. The information on this page provides resources for parties to be able to fully participate in this new process. OAH is currently using Zoom.Gov to conduct its Prehearing Conferences and Hearings.
Please see:
*Check Your Zoom Version to Ensure it is Updated Before Joining:
Participants may have trouble joining the Prehearing Conference or Hearing if they do not have the most updated version of the Zoom application or their web browser is not up to date. For instructions on identifying your version of the Zoom application, and to update to the most current version of the Zoom application, please visit New! Get Automatic Updates in the Zoom Client | Zoom. You may also access "New! Get Automatic Updates in the Zoom Client" by copying and pasting the following URL into your browser: https://zoom.com/en/blog/get-automatic-updates-in-th-zoom- client/
Participants may have trouble joining if their browser is not compatible with Zoom and updated. For instructions on identifying your browser version please visit Zoom system requirements: Windows, macOS, Linux - Zoom Support. You may also access Zoom Support regarding supported browsers by copying and pasting into your browser the following URL: https://support.zoom.com/hc/en/article?id=zm_kb&sysparm_article=KB0060748#h_92957a85-2506-43a2-bd4a-5bb274778518. If you are unsure as to which browser you use when accessing the internet, type "how do I find out what browser I am using" into the search bar after opening your internet and find the response that best fits your system. An example of browsers includes Chrome, Safari, Firefox, and Edge.
For answers to the most commonly asked questions, please see the FAQs page for the virtual videoconference prehearing conferences and hearings.
If you have not previously used the Zoom.Gov platform and you wish to familiarize yourself with the technology, there are informative videos available like the following:
- Joining a Zoom Meeting: https://support.zoom.us/hc/en-us/articles/201362193-Joining-a-Zoom-meeting#:~:text=Go%20to%20join.zoom.us,client%20to%20join%20the%20meeting
- Zoom's "Getting Started Guide for New Users": To open a Zoom account, please visit "Getting started guide for new users." Either click on the prior link or copy and paste the following URL into your browser: https://support.zoom.com/hc/en/article?id=zm_kb&sysparm_article=KB0061316
1. All Special Education Prehearing Conferences and Due Process Hearings Scheduled with OAH Occur by Videoconference.
The OAH is authorized to conduct due process hearings by videoconference or telephone. (5 C.C.R. § 3082, subd. (g).) All special education prehearing conferences and due process hearings scheduled with OAH will occur by videoconference using the Zoom.
2. Prehearing Conferences and Hearings will be Conducted Using Zoom Software.
Zoom is software that provides videoconferencing capabilities and allows participants in different locations to participate in prehearing conferences and due process hearings by computer or telephone. Instead of a telephonic prehearing conference, all participants will join through the Zoom application using an invitation sent by OAH. The prehearing conference participants will simultaneously appear on the computer screens through a live video and audio stream. Participants do not need to download the application to participate.
If you have not previously used the Zoom platform and you wish to familiarize yourself with the technology, there are informative videos available like the following:
- Joining a Zoom Meeting: https://support.zoom.us/hc/en-us/articles/201362193-Joining-a-Zoom-meeting#:~:text=Go%20to%20join.zoom.us,client%20to%20join%20the%20meeting
- Zoom's "Getting Started Guide for New Users": https://support.zoom.com/hc/en/article?id=zm_kb&sysparm_article=KB0061316
3. Providing Participation Information to OAH
Two business days before the prehearing conference, the parties must file with OAH a Participant Information for Prehearing Conference and Video Due Process Hearing form. The parties do not serve the Form on the opposing side. The Form collects contact and technology information for the attorneys, parties, and anticipated due process hearing witnesses. OAH requires the parties and counsel to confirm they meet the minimum videoconferencing requirements. The Form is confidential and OAH uses the information to conduct the prehearing conference and hearing.
4. OAH will Schedule the Prehearing Conference and Hearing Videoconference
OAH will send an email invitation to the parties or their attorneys to join the prehearing conference. The participants are not to reply to this email or correspond with the Administrative Law Judge, or ALJ, by email. Any attempt to correspond with the ALJ using their email address, shall be considered an ex parte communication. All questions shall be directed to the assigned OAH case manager.
Will the other participants be able to see my email address?
5. Participating in the Prehearing Conference and Hearing
At the designated time for the prehearing conference, click on blue “Join" button in the Zoom invitation. You do not need to download Zoom to participate in the videoconference. This will automatically connect you to the meeting. Enter your first and last name where indicated. You will see a message informing you that you will be allowed to enter the meeting shortly. The ALJ will open the meeting to you.
The parties are encouraged to review the Zoom information linked below before their scheduled prehearing conference.
- Joining a Zoom Meeting: https://support.zoom.us/hc/en-us/articles/201362193-Joining-a-Zoom-meeting#:~:text=Go%20to%20join.zoom.us,client%20to%20join%20the%20meeting
- Zoom's "Getting Started Guide for New Users": https://support.zoom.com/hc/en/article?id=zm_kb&sysparm_article=KB0061316
6. Participation Without the Use of Video will be at the Discretion of the ALJ
7. Guidelines for Video Appearance
Participants shall appear at the prehearing conference from a location free from distractions. The participants should take reasonable efforts to minimize background noise and maintain adequate room lighting. Virtual background images are at the discretion of the ALJ.