A New Opinion by the Attorney General states Only Attorneys (Not Advocates) can Represented Students in Due Process Hearings

The California Attorney General issued Opinion 14-101 on September 28, 2017. The Option states that the Administrative Procedure Act does not, authorize a party to a proceeding conducted by the Office of Administrative Hearings to be represented by a person who is not an active member of the California State Bar.

This means that advocates cannot represent students and/or parents in due process proceedings. Students and/or Parents can either represented themselves or hire an attorney present them in due process.