SECTIONS 56500-56509 - California Statutes

EDUCATION CODE

SECTION 56500-56509

56500. As used in this chapter, "public agency" is identical to the
definition of that term in Section 56028.5 and Section 300.33 of
Title 34 of the Code of Federal Regulations.

56500.1. (a) All procedural safeguards under the Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 and following) shall
be established and maintained by each noneducational and educational
agency that provides education, related services, or both, to
children who are individuals with exceptional needs.
(b) At each individualized education program meeting, the public
education agency responsible for convening the meeting shall inform
the parent and pupil of the federal and state procedural safeguards
that were provided in the notice of parent rights pursuant to Section
56321.

56500.2. (a) (1) Notwithstanding any other provision of law, a
complaint filed with the department regarding any alleged violations
of the federal Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.), or implementing regulations (Part 300
(commencing with Section 300.1) of Title 34 of the Code of Federal
Regulations), or a provision of this part, shall be investigated in
an expeditious and effective manner in accordance with Sections
300.151 to 300.153, inclusive, of Title 34 of the Code of Federal
Regulations. A written decision shall be issued to the complainant in
accordance with the 60-day time limit specified in Section 300.152
of Title 34 of the Code of Federal Regulations.
(2) The party filing the complaint shall forward a copy of the
complaint to the local educational agency or public agency serving
the child at the same time the party files the complaint with the
department, in accordance with Section 300.153(d) of Title 34 of the
Code of Federal Regulations.
(b) Pursuant to Section 300.153(c) of Title 34 of the Code of
Federal Regulations, a complaint filed under subdivision (a) shall
allege a violation that occurred not more than one year prior to the
date that the complaint is received by the department.
(c) The complaint shall include all of the following:
(1) A statement that a local educational agency or public agency
has violated a requirement of this part or Part B of the federal
Individuals with Disabilities Education Act (Title 20 (commencing
with Section 1400) of the United States Code), or Part 300
(commencing with Section 300.1) of Title 34 of the Code of Federal
Regulations.
(2) The facts on which the statement is based.
(3) The signature and contact information for the complainant.
(4) If alleging violations with respect to a specific child, all
of the following:
(A) The name and address of residence of the child.
(B) The name of the school the child is attending.
(C) In the case of a homeless child or youth within the meaning of
paragraph (2) of Section 725 of the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11434a(2)), available contact
information for the child, and the name of the school the child is
attending.
(D) A description of the nature of the problem of the child,
including facts relating to the problems.
(E) A proposed resolution of the problem to the extent known and
available to the party at the time the complaint is filed.
(d) The Superintendent shall develop a model form, pursuant to
Section 300.509 of Title 34 of the Code of Federal Regulations, to
assist parents and public agencies in filing a state complaint under
this section.

56500.3. (a) It is the intent of the Legislature that parties to
special education disputes be encouraged to seek resolution through
mediation prior to filing a request for a due process hearing. It is
also the intent of the Legislature that these voluntary prehearing
request mediation conferences be an informal process conducted in a
nonadversarial atmosphere to resolve issues relating to the
identification, assessment, or educational placement of the child, or
the provision of a free appropriate public education to the child,
to the satisfaction of both parties. Therefore, attorneys or other
independent contractors used to provide legal advocacy services may
not attend or otherwise participate in the prehearing request
mediation conferences.
(b) This part does not preclude the parent or the public agency
from being accompanied and advised by nonattorney representatives in
the mediation conferences and consulting with an attorney prior to or
following a mediation conference. For purposes of this section,
"attorney" means an active, practicing member of the State Bar of
California or another independent contractor used to provide legal
advocacy services, but does not mean a parent of the pupil who is
also an attorney.
(c) Requesting or participating in a mediation conference is not a
prerequisite to requesting a due process hearing.
(d) All requests for a mediation conference shall be filed with
the Superintendent. The party initiating a mediation conference by
filing a written request with the Superintendent shall provide the
other party to the mediation with a copy of the request at the same
time the request is filed with the Superintendent. The mediation
conference shall be conducted by a person knowledgeable in the
process of reconciling differences in a nonadversarial manner and
under contract with the department pursuant to Section 56504.5. The
mediator shall be knowledgeable in the laws and regulations governing
special education.
(e) The prehearing mediation conference shall be scheduled within
15 days of receipt by the Superintendent of the request for
mediation. The mediation conference shall be completed within 30 days
after receipt of the request for mediation unless both parties to
the prehearing mediation conference agree to extend the time for
completing the mediation. Pursuant to Section 300.506(b)(4) of Title
34 of the Code of Federal Regulations, and to encourage the use of
mediation, the state shall bear the cost of the mediation process,
including any meetings described in Section 300.506(b)(2) of Title 34
of the Code of Federal Regulations. The costs of mediation shall be
included in the contract described in Section 56504.5.
(f) In accordance with Section 1415(e)(2)(F) of Title 20 of the
United States Code, if a resolution is reached that resolves the due
process issue through the mediation process, the parties shall
execute a legally binding written agreement that sets forth the
resolution and that does the following:
(1) States that all discussions that occurred during the mediation
process shall be confidential and may not be used as evidence in any
subsequent due process hearing or civil proceeding.
(2) Is signed by both the parent and the representative of the
public agency who has the authority to bind the agency.
(3) Is enforceable in any state court of competent jurisdiction or
in a federal district court of the United States.
(g) If the mediation conference fails to resolve the issues to the
satisfaction of all parties, the party who requested the mediation
conference has the option of filing for a state-level hearing
pursuant to Section 56505. The mediator may assist the parties in
specifying any unresolved issues to be included in the hearing
request.
(h) Any mediation conference held pursuant to this section shall
be scheduled in a timely manner and shall be held at a time and place
reasonably convenient to the parties to the dispute in accordance
with Section 300.506(b)(5) of Title 34 of the Code of Federal
Regulations.
(i) The mediation conference shall be conducted in accordance with
regulations adopted by the board.
(j) (1) Notwithstanding any procedure set forth in this chapter, a
public agency and a parent, if the party initiating the mediation
conference so chooses, may meet informally to resolve any issue or
issues to the satisfaction of both parties prior to the mediation
conference.
(2) In accordance with Section 300.506(b)(2) of Title 34 of the
Code of Federal Regulations, a public agency may establish procedures
to offer to parents and schools that choose not to use the mediation
process, an opportunity to meet, at a time and location convenient
to the parents, with a disinterested party as follows:
(A) Who is under contract with an appropriate alternative dispute
resolution entity, or a parent training and information center or
community parent resource center in the state established under
Section 1471 or Section 1472 of Title 20 of the United States Code.
(B) Who would explain the benefits of, and encourage the use of,
the mediation process to the parents.
(k) The procedures and rights contained in this section shall be
included in the notice of parent rights attached to the assessment
plan of the pupil pursuant to Section 56321.

56500.4. (a) Pursuant to Section 1415(b)(3) and (4) and (c)(1) of
Title 20 of the United States Code, and in accordance with Section
300.503 of Title 34 of the Code of Federal Regulations, prior written
notice shall be given by the public agency to the parents or
guardians of an individual with exceptional needs, or to the parents
or guardians of a child upon initial referral for assessment, and a
reasonable time before the public agency proposes to initiate or
change, or refuses to initiate or change, the identification,
assessment, or educational placement of the child, or the provision
of a free appropriate public education to the child. In accordance
with Sections 300.304 and 300.503 of Title 34 of the Code of Federal
Regulations, the public agency shall provide a description of any
assessment procedures the agency proposes to conduct.
(b) The notice required under subdivision (a) shall, in accordance
with Section 300.503(b) of Title 34 of the Code of Federal
Regulations, include all of the following:
(1) A description of the action proposed or refused by the public
agency.
(2) An explanation of why the public agency proposes or refuses to
take the action.
(3) A description of each assessment procedure, assessment,
record, or report the public agency used as a basis for the proposed
or refused action.
(4) A statement that the parents of an individual with exceptional
needs have protection under the procedural safeguards of this part
and, if this notice is not an initial referral for assessment, the
means by which a copy of a description of the procedural safeguards
can be obtained.
(5) Sources for parents to contact to obtain assistance in
understanding the provisions of this part.
(6) A description of other options that the individualized
education program team considered and the reasons why those options
were rejected.
(7) A description of other factors that are relevant to the
proposal or refusal of the agency.

56500.5. As provided in Section 300.102(a)(3)(iii) of Title 34 of
the Code of Federal Regulations, parents or guardians of an
individual with exceptional needs shall be given reasonable written
prior notice, in accordance with Section 56500.4, that their child
will be graduating from high school with a regular high school
diploma because graduation from high school with a regular diploma
constitutes a change in placement.

56500.6. Due process and state complaint procedures for children
enrolled in private schools by their parents pursuant to Sections
56170 to 56174.5, inclusive, shall be in accordance with Section
300.140 of Title 34 of the Code of Federal Regulations.

56501. (a) The due process hearing procedures prescribed by this
chapter extend to the parent or guardian, as defined in Section
56028, a pupil who has been emancipated, and a pupil who is a ward or
dependent of the court or for whom no parent or guardian can be
identified or located when the hearing officer determines that either
the local educational agency has failed to appoint a surrogate
parent as required by Section 7579.5 of the Government Code or the
surrogate parent appointed by the local educational agency does not
meet the criteria set forth in subdivision (f) of Section 7579.5 of
the Government Code, and the public agency involved in any decisions
regarding a pupil. The appointment of a surrogate parent after a
hearing has been requested by the pupil shall not be cause for
dismissal of the hearing request. The parent or guardian and the
public agency involved may initiate the due process hearing
procedures prescribed by this chapter under any of the following
circumstances:
(1) There is a proposal to initiate or change the identification,
assessment, or educational placement of the child or the provision of
a free appropriate public education to the child.
(2) There is a refusal to initiate or change the identification,
assessment, or educational placement of the child or the provision of
a free appropriate public education to the child.
(3) The parent or guardian refuses to consent to an assessment of
the child.
(4) There is a disagreement between a parent or guardian and a
local educational agency regarding the availability of a program
appropriate for the child, including the question of financial
responsibility, as specified in Section 300.148 of Title 34 of the
Code of Federal Regulations.
(b) The due process hearing rights prescribed by this chapter
include, but are not limited to, all of the following:
(1) The right to a mediation conference pursuant to Section
56500.3.
(2) The right to request a mediation conference at any point
during the hearing process. The mediation process is not to be used
to deny or delay a parent's or guardian's right to a due process
hearing, or to deny any other rights afforded under this part, or
under the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.). Notwithstanding subdivision (a) of Section
56500.3, attorneys and advocates are permitted to participate in
mediation conferences scheduled after the filing of a request for due
process hearing.
(3) The right to examine pupil records pursuant to Section 56504.
This provision shall not be construed to abrogate the rights
prescribed by Chapter 6.5 (commencing with Section 49060) of Part 27.
(4) The right to a fair and impartial administrative hearing at
the state level, before a person knowledgeable in the laws governing
special education and administrative hearings, under contract with
the department, pursuant to Section 56505.
(c) In addition to the rights prescribed by subdivision (b), the
parent or guardian has the following rights:
(1) The right to have the pupil who is the subject of the state
hearing present at the hearing.
(2) The right to open the state hearing to the public.

56501.5. (a) Notwithstanding any other provision of law, prior to
the opportunity for an impartial due process hearing under this
chapter, the local educational agency shall convene a resolution
meeting with the parents and the relevant member or members of the
individualized education program team who have specific knowledge of
the facts identified in the due process hearing request, in
accordance with Section 1415(f)(1)(B) of Title 20 of the United
States Code and Section 300.510 of Title 34 of the Code of Federal
Regulations. The parent and the local educational agency shall
determine the relevant members of the individualized education
program team to attend the meeting.
(1) The meeting shall be convened within 15 days of receiving
notice of the due process hearing request of the parent.
(2) The meeting shall include a representative of the local
educational agency who has decisionmaking authority on behalf of the
agency.
(3) The meeting shall not include an attorney of the local
educational agency, unless the parent is accompanied by an attorney.
(4) The purpose of the meeting is for the parent of the child to
discuss the due process hearing issue, and the facts that form the
basis of the due process hearing request, so that the local
educational agency has the opportunity to resolve the dispute that is
the basis for the due process hearing request.
(b) The resolution meeting described in subdivision (a) need not
be held if the parents and the local educational agency agree in
writing to waive the meeting, or agree to use the mediation process
as provided for in this chapter.
(c) If the local educational agency has not resolved the due
process hearing issue to the satisfaction of the parents within 30
days of the receipt of the due process hearing request notice, the
due process hearing may occur. Except as provided in subdivision (d),
the timeline for issuing a final decision under paragraph (3) of
subdivision (f) of Section 56505 begins at the expiration of this
30-day period.
(d) The 45-day timeline for the due process hearing cited in
paragraph (3) of subdivision (f) of Section 56505 starts the day
after one of the following events, provided the local educational
agency also affords notice of these events to the agency or
contractor providing due process hearings pursuant to Section
56504.5:
(1) Both parties agree in writing to waive the resolution meeting.
(2) After either the mediation or resolution meeting starts but
before the end of the 30-day resolution period, the parties agree in
writing that no agreement is possible.
(3) If both parties agree in writing to continue a mediation that
started before the end of the 30-day resolution period to a date
after the 30-day resolution period, but later, the parent or local
educational agency withdraws from the mediation process.
(e) Except where the parties have jointly agreed to waive the
resolution process or to use mediation, notwithstanding subdivision
(c), the failure of the parent filing a due process hearing request
to participate in the resolution meeting will delay the timelines for
the resolution process and due process hearing until the meeting is
held.
(1) If the local educational agency is unable to obtain the
participation of the parent in the resolution meeting after
reasonable efforts have been made and documented using the procedures
in Section 300.322(d) of Title 34 of the Code of Federal
Regulations, such as detailed records of telephone calls made or
attempted and the results of those calls, copies of correspondence
sent to the parent and any responses received, and detailed records
of visits made to the home or place of employment of the parent, the
local educational agency may, at the conclusion of the 30-day period,
request that a hearing officer dismiss the due process hearing
request of the parent.
(2) If the local educational agency fails to hold the resolution
meeting specified in subdivision (a) within 15 days of receiving
notice of a due process hearing request of a parent or fails to
participate in the resolution meeting, the parent may seek the
intervention of a hearing officer to begin the due process hearing
timeline.
(f) In the case that a resolution is reached to resolve the due
process hearing issue at a meeting described in subdivision (a), the
parties shall execute a legally binding agreement that is both of the
following:
(1) Signed by both the parent and a representative of the local
educational agency who has the authority to bind the agency.
(2) Enforceable in a state court of competent jurisdiction or in a
federal district court of the United States.
(g) If the parties execute an agreement pursuant to subdivision
(d), a party may void the agreement within three business days of the
execution of the agreement.

56502. (a) All requests for a due process hearing shall be filed
with the Superintendent in accordance with Section 300.508(a) and (b)
of Title 34 of the Code of Federal Regulations.
(b) The Superintendent shall develop a model form to assist
parents and guardians in filing a request for due process that is in
accordance with Section 300.509 of Title 34 of the Code of Federal
Regulations.
(c) (1) The party, or the attorney representing the party,
initiating a due process hearing by filing a written request with the
Superintendent shall provide the other party to the hearing with a
copy of the request at the same time as the request is filed with the
Superintendent. The due process hearing request notice shall remain
confidential. In accordance with Section 1415(b)(7)(A) of Title 20 of
the United States Code, the request shall include the following:
(A) The name of the child, the address of the residence of the
child, or available contact information in the case of a homeless
child, and the name of the school the child is attending.
(B) In the case of a homeless child or youth within the meaning of
paragraph (2) of Section 725 of the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11434a(2)), available contact
information for the child and the name of the school the child is
attending.
(C) A description of the nature of the problem of the child
relating to the proposed initiation or change, including facts
relating to the problem.
(D) A proposed resolution of the problem to the extent known and
available to the party at the time.
(2) A party may not have a due process hearing until the party, or
the attorney representing the party, files a request that meets the
requirements listed in this subdivision.
(d) (1) The due process hearing request notice required by Section
1415(b)(7)(A) of Title 20 of the United States Code shall be deemed
to be sufficient unless the party receiving the notice notifies the
due process hearing officer and the other party in writing that the
receiving party believes the due process hearing request notice has
not met the notice requirements. The party providing a hearing
officer notification shall provide the notification within 15 days of
receiving the due process hearing request notice. Within five days
of receipt of the notification, the hearing officer shall make a
determination on the face of the notice of whether the notification
meets the requirements of Section 1415(b)(7)(A) of Title 20 of the
United States Code, and shall immediately notify the parties in
writing of the determination.
(2) (A) The response to the due process hearing request notice
shall be made within 10 days of receiving the request notice in
accordance with Section 1415(c)(2)(B) of Title 20 of the United
States Code.
(B) In accordance with Section 300.508(e)(1) of Title 34 of the
Code of Federal Regulations, if the local educational agency has not
sent a prior written notice under Section 56500.4 and Section 300.503
of Title 34 of the Code of Federal Regulations to the parent
regarding the subject matter contained in the due process hearing
request of the parent, the response from the local educational agency
to the parent shall include all of the following:
(i) An explanation of why the agency proposed or refused to take
the action raised in the due process hearing request.
(ii) A description of other options that the individualized
education program team considered and the reasons why those options
were rejected.
(iii) A description of each assessment procedure, assessment,
record, or report the agency used as the basis for the proposed or
refused action.
(iv) A description of other factors that are relevant to the
proposed or refused action of the agency.
(C) A response by a local educational agency under subparagraph
(B) shall not be construed to preclude the local educational agency
from asserting that the due process request of the parent was
insufficient, where appropriate.
(D) Except as provided under subparagraph (B), the party receiving
a due process hearing request notice, within 10 days of receiving
the notice, shall send to the other party, in accordance with Section
300.508(f) of Title 34 of the Code of Federal Regulations, a
response that specifically addresses the issues raised in the due
process hearing request notice.
(e) A party may amend a due process hearing request notice only if
the other party consents in writing to the amendment and is given
the opportunity to resolve the hearing issue through a meeting held
pursuant to Section 1415(f)(1)(B) of Title 20 of the United States
Code, or the due process hearing officer grants permission, except
that the hearing officer may only grant permission at any time not
later than five days before a due process hearing occurs. The
applicable timeline for a due process hearing under this chapter
shall recommence at the time the party files an amended notice,
including the timeline under Section 1415(f)(1)(B) of Title 20 of the
United States Code.
(f) The Superintendent shall take steps to ensure that within 45
days after receipt of the written hearing request the hearing is
immediately commenced and completed, including, any mediation
requested at any point during the hearing process pursuant to
paragraph (2) of subdivision (b) of Section 56501, and a final
administrative decision is rendered, unless a continuance has been
granted pursuant to Section 56505.
(g) Notwithstanding any procedure set forth in this chapter, a
public agency and a parent or guardian, if the party initiating the
hearing so chooses, may meet informally to resolve an issue or issues
relating to the identification, assessment, or education and
placement of the child, or the provision of a free appropriate public
education to the child, to the satisfaction of both parties prior to
the hearing. The informal meeting shall be conducted by the district
superintendent, county superintendent, or director of the public
agency or his or her designee. A designee appointed pursuant to this
subdivision shall have the authority to resolve the issue or issues.
(h) Upon receipt by the Superintendent of a written request by the
parent or guardian or public agency, the Superintendent or his or
her designee or designees immediately shall notify, in writing, all
parties of the request for the hearing and the scheduled date for the
hearing. The notice shall advise all parties of all their rights
relating to procedural safeguards. The Superintendent or his or her
designee shall provide both parties with a list of persons and
organizations within the geographical area that can provide free or
reduced cost representation or other assistance in preparing for the
due process hearing. This list shall include a brief description of
the requirement to qualify for the services. The Superintendent or
his or her designee shall have complete discretion in determining
which individuals or groups shall be included on the list.
(i) In accordance with Section 1415(f)(3)(B) of Title 20 of the
United States Code, the party requesting the due process hearing
shall not be allowed to raise issues at the due process hearing that
were not raised in the notice filed under this section, unless the
other party agrees otherwise.

56503. Nothing in this chapter shall preclude the parties to a
hearing from agreeing to use a mediation conference or resolving
their dispute in an informal, nonadversarial manner, even though a
request for a state level hearing has been filed or even if the
hearing has commenced.

56504. The parent shall have the right and opportunity to examine
all school records of his or her child and to receive copies pursuant
to this section and to Section 49065 within five business days after
the request is made by the parent, either orally or in writing. The
public agency shall comply with a request for school records without
unnecessary delay before any meeting regarding an individualized
education program or any hearing pursuant to Section 300.121,
300.301, 300.304, or 300.507 of Title 34 of the Code of Federal
Regulations or resolution session pursuant to Section 300.510 of
Title 34 of the Code of Federal Regulations and in no case more than
five business days after the request is made orally or in writing.
The parent shall have the right to a response from the public agency
to reasonable requests for explanations and interpretations of the
records. If a school record includes information on more than one
pupil, the parents of those pupils have the right to inspect and
review only the information relating to their child or to be informed
of that specific information. A public agency shall provide a
parent, on request of the parent, a list of the types and locations
of school records collected, maintained, or used by the agency. A
public agency may charge no more than the actual cost of reproducing
the records, but if this cost effectively prevents the parent from
exercising the right to receive the copy or copies, the copy or
copies shall be reproduced at no cost.

56504.5. (a) The department shall enter into an interagency
agreement with another state agency or contract with a nonprofit
organization or entity to conduct mediation conferences and due
process hearings in accordance with Sections 300.506 and 300.511 of
Title 34 of the Code of Federal Regulations.
(b) The agency or contractor shall provide hearings and mediations
in a manner that is consistent with all applicable federal and state
laws and regulations, and any other applicable legal authorities.
(c) The Superintendent shall adopt regulations that establish
standards for all of the following components of an interagency
agreement or contract entered into pursuant to subdivision (a):
(1) The training and qualifications for mediators and hearing
officers.
(2) The availability of translators and translated documents.
(3) Prevention of conflicts of interest for mediators and hearing
officers.
(4) The supervision of mediators and hearing officers.
(5) Monitoring, tracking, and management of cases.
(6) The process for conducting mediations and due process
hearings.
(7) Communication with parties to mediations and due process
hearings.
(8) The establishment of a committee to advise the agency or
contractor with regard to conducting mediations and due process
hearings.
(9) The contents of a manual to describe the procedures of the
mediation and due process hearing.
(d) (1) An agency or contractor shall collect and provide data in
standardized formats, which allow the department to manage and report
on all mediation and due process activities in the state. An agency
or contractor shall propose the manner in which specific data and
information will be collected and transmitted electronically and in
writing to the department on a quarterly basis. The reports shall
contain data to provide the state with information to comply with
federal and state regulations for monitoring local programs. An
agency or contractor shall identify applicable data to be collected,
analyzed, and formatted including, but not limited to, caseloads,
status of cases, and outcomes for mediations and due process
hearings.
(2) The agency or contractor shall, on a quarterly basis, provide
the department with information that includes, but is not limited to,
all of the following:
(A) Formal complaints: (i) number of complaints; (ii) number of
complaints with findings; (iii) number of complaints with no
findings; (iv) number of complaints not investigated, withdrawn, or
no jurisdiction; (v) number of complaints completed or addressed
within timelines; and (vi) number of complaints pending.
(B) Mediations: (i) number of mediations not related to hearing
requests; (ii) number of mediations related to hearing requests;
(iii) number of mediation agreements not related to hearing requests;
(iv) number of mediation agreements related to hearing requests; and
(v) number of mediations pending.
(C) Due process hearings: (i) number of hearing requests; (ii)
number of hearings held; (iii) number of decisions issued after
timelines and extension expired; (iv) number of hearings pending; and
(v) number of expedited hearings.
(3) The agency or contractor shall submit hard copies of hearing
decision reports to the department and shall administer and upload
all redacted reports on a quarterly basis to the hearing decision
database of the department. The agency or contractor shall have the
ability to provide the department with the costs of hearings and
mediations on both an aggregate and individual basis.

56505. (a) The state hearing shall be conducted in accordance with
regulations adopted by the board.
(b) The hearing shall be held at a time and place reasonably
convenient to the parent or guardian and the pupil.
(c) (1) The hearing shall be conducted by a person who, at a
minimum, shall possess knowledge of, and the ability to understand,
the provisions of this part and related state statutes and
implementing regulations, the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.), federal regulations
pertaining to the act, and legal interpretations of this part and the
federal law by federal and state courts, and who has satisfactorily
completed training pursuant to this subdivision. The Superintendent
shall establish standards for the training of hearing officers, the
degree of specialization of the hearing officers, and the quality
control mechanisms to be used to ensure that the hearings are fair
and the decisions are accurate.
(2) The hearing officer shall possess the knowledge and ability to
conduct hearings in accordance with appropriate, standard legal
practice.
(3) The hearing officer shall possess the knowledge and ability to
render and write decisions in accordance with appropriate, standard
legal practice.
(4) A due process hearing shall not be conducted by an individual
listed in Section 1415(f)(3)(A)(i) of Title 20 of the United States
Code. Pursuant to Section 300.511(c)(2) of Title 34 of the Code of
Federal Regulations, a person who is qualified to conduct a hearing
is not an employee of the agency solely because he or she is paid by
the agency to serve as a hearing officer. The hearing officer shall
encourage the parties to a hearing to consider the option of
mediation as an alternative to a hearing.
(d) Pursuant to Section 300.518(a) of Title 34 of the Code of
Federal Regulations, during the pendency of the hearing proceedings,
including the actual state-level hearing, or judicial proceeding
regarding a due process hearing, the pupil shall remain in his or her
present placement, except as provided in Section 300.533 of Title 34
of the Code of Federal Regulations, unless the public agency and the
parent or guardian agree otherwise. A pupil applying for initial
admission to a public school, with the consent of his or her parent
or guardian, shall be placed in the public school program until all
proceedings have been completed. As provided in Section 300.518(d) of
Title 34 of the Code of Federal Regulations, if the decision of a
hearing officer in a due process hearing or a state review official
in an administrative appeal agrees with the parent or guardian of the
pupil that a change of placement is appropriate, that placement
shall be treated as an agreement between the state or local
educational agency and the parent or guardian. In accordance with
Section 300.518(c) of Title 34 of the Code of Federal Regulations, if
a due process hearing request involves an application for initial
services from a child who is transitioning from an early education
program under Chapter 4.4 (commencing with Section 56425) to a
special education program serving individuals with exceptional needs
between the ages of three to five years, inclusive, under Chapter
4.45 (commencing with Section 56440), and is no longer eligible for
early education services because the child has turned three years of
age, the local educational agency is not required to provide early
education services that the child had been receiving. If the child is
found eligible for special education and related services for
children age three years of age and older, and the parent or guardian
consents to the initial provision of special education and related
services under Section 300.300(b) of Title 34 of the Code of Federal
Regulations, the local educational agency shall provide those special
education and related services that are not in dispute between the
parent or guardian and the local educational agency.
(e) A party to the hearing held pursuant to this section shall be
afforded the following rights consistent with state and federal
statutes and regulations:
(1) The right to be accompanied and advised by counsel and by
individuals with special knowledge or training relating to the
problems of individuals with exceptional needs.
(2) The right to present evidence, written arguments, and oral
arguments.
(3) The right to confront, cross-examine, and compel the
attendance of, witnesses.
(4) The right to a written, or, at the option of the parents or
guardians, electronic verbatim record of the hearing.
(5) The right to written, or, at the option of the parent or
guardian, electronic findings of fact and decisions. The record of
the hearing and the findings of fact and decisions shall be provided
at no cost to parents or guardians in accordance with Section 300.512
(c)(3) of Title 34 of the Code of Federal Regulations. The findings
and decisions shall be made available to the public after any
personally identifiable information has been deleted consistent with
the confidentiality requirements of Section 1417(c) of Title 20 of
the United States Code and shall also be transmitted to the Advisory
Commission on Special Education pursuant to Section 1415(h)(4) of
Title 20 of the United States Code.
(6) The right to be informed by the other parties to the hearing,
at least 10 days prior to the hearing, as to what those parties
believe are the issues to be decided at the hearing and their
proposed resolution of those issues. Upon the request of a parent who
is not represented by an attorney, the agency responsible for
conducting hearings shall provide a mediator to assist the parent in
identifying the issues and the proposed resolution of the issues.
(7) The right to receive from other parties to the hearing, at
least five business days prior to the hearing, a copy of all
documents and a list of all witnesses and their general area of
testimony that the parties intend to present at the hearing. Included
in the material to be disclosed to all parties at least five
business days prior to a hearing shall be all assessments completed
by that date and recommendations based on the assessments that the
parties intend to use at the hearing.
(8) The right, pursuant to Section 300.512(a)(3) of Title 34 of
the Code of Federal Regulations, to prohibit the introduction of any
evidence at the hearing that has not been disclosed to that party at
least five business days before the hearing.
(f) (1) In accordance with Section 1415(f)(3)(E) of Title 20 of
the United States Code, the decision of a due process hearing officer
shall be made on substantive grounds based on a determination of
whether the child received a free appropriate public education.
(2) In matters alleging a procedural violation, a due process
hearing officer may find that a child did not receive a free
appropriate public education only if the procedural violation did any
of the following:
(A) Impeded the right of the child to a free appropriate public
education.
(B) Significantly impeded the opportunity of the parents to
participate in the decisionmaking process regarding the provision of
a free appropriate public education to the child of the parents.
(C) Caused a deprivation of educational benefits.
(3) The hearing conducted pursuant to this section shall be
completed and a written, reasoned decision, including the reasons for
a nonpublic, nonsectarian school placement, the provision of
nonpublic, nonsectarian agency services, or the reimbursement for the
placement or services, taking into account the requirements of
subdivision (a) of Section 56365, shall be mailed to all parties to
the hearing not later than 45 days after the expiration of the 30-day
period pursuant to subdivision (c) of Section 56501.5. Either party
to the hearing may request the hearing officer to grant an extension.
The extension shall be granted upon a showing of good cause. An
extension shall extend the time for rendering a final administrative
decision for a period only equal to the length of the extension.
(4) This subdivision does not preclude a due process hearing
officer from ordering a local educational agency to comply with
procedural requirements under this chapter.
(g) Subdivision (f) does not alter the burden of proof required in
a due process hearing, or prevent a hearing officer from ordering a
compensatory remedy for an individual with exceptional needs.
(h) The hearing conducted pursuant to this section shall be the
final administrative determination and binding on all parties.
(i) In decisions relating to the placement of individuals with
exceptional needs, the person conducting the state hearing shall
consider cost, in addition to all other factors that are considered.
(j) In a hearing conducted pursuant to this section, the hearing
officer shall not base a decision solely on nonsubstantive procedural
errors, unless the hearing officer finds that the nonsubstantive
procedural errors resulted in the loss of an educational opportunity
to the pupil or interfered with the opportunity of the parent or
guardian of the pupil to participate in the formulation process of
the individualized education program.
(k) This chapter does not preclude a party aggrieved by the
findings and decisions in a hearing under this section from
exercising the right to appeal the decision to a state court of
competent jurisdiction. An aggrieved party also may exercise the
right to bring a civil action in a district court of the United
States without regard to the amount in controversy, pursuant to
Section 300.516 of Title 34 of the Code of Federal Regulations. An
appeal shall be made within 90 days of receipt of the hearing
decision. During the pendency of an administrative or judicial
proceeding conducted pursuant to Chapter 5 (commencing with Section
56500), the child involved in the hearing shall remain in his or her
present educational placement, unless the public agency and the
parent or guardian of the child agree otherwise. An action brought
under this subdivision shall adhere to Section 300.516(c) of Title 34
of the Code of Federal Regulations.
(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. In accordance with
Section 1415(f)(3)(D) of Title 20 of the United States Code, the time
period specified in this subdivision does not apply to a parent if
the parent was prevented from requesting the due process hearing due
to either of the following:
(1) Specific misrepresentations by the local educational agency
that it had solved the problem forming the basis of the due process
hearing request.
(2) The withholding of information by the local educational agency
from the parent that was required under this part to be provided to
the parent.
(m) Pursuant to Section 300.511(c) of Title 34 of the Code of
Federal Regulations, each public agency shall keep a list of the
persons who serve as due process hearing officers, in accordance with
Section 56504.5, and the list shall include a statement of the
qualifications of each of those persons. The list of hearing officers
shall be provided to the public agencies by the organization or
entity under contract with the department to conduct due process
hearings.
(n) A party who filed for a due process hearing prior to the
effective date of this section is not bound by the two-year statute
of limitations time period in subdivision (l) if the party filed a
request within the three-year statute of limitations provision
pursuant to subdivision (l) as it read prior to October 9, 2006.
(o) This section shall become operative October 9, 2006.

56505.1. The hearing officer may do any of the following during the
hearing:
(a) Question a witness on the record prior to any of the parties
doing so.
(b) With the consent of both parties to the hearing, request that
conflicting experts discuss an issue or issues with each other while
on the record.
(c) Visit the proposed placement site or sites when the physical
attributes of the site or sites are at issue.
(d) Call a witness to testify at the hearing if all parties to the
hearing consent to the witness giving testimony or the hearing is
continued for at least five days after the witness is identified and
before the witness testifies.
(e) Order that an impartial assessment, including an independent
educational assessment, of the pupil be conducted for purposes of the
hearing and continue the hearing until the assessment has been
completed. The cost of any assessment ordered under this subdivision
shall be at public expense pursuant to subsection (d) of Section
300.502 of Title 34 of the Code of Federal Regulations and included
in the contract between the department and the organization or entity
conducting the hearing.
(f) Bar introduction of any documents or the testimony of any
witnesses not disclosed to the hearing officer at least five business
days prior to the hearing and bar introduction of any documents or
the testimony of any witnesses at the hearing without the consent of
the other party not disclosed to the parties at least five business
days prior to the hearing pursuant to paragraph (7) of subdivision
(e) of Section 56505.
(g) In decisions relating to the provision of related services by
other public agencies, the hearing officer may call as witnesses
independent medical specialists qualified to present evidence in the
area of the pupil's medical disability. The cost for any witness
called to testify under this subdivision shall be included in the
contract between the department and the organization or entity
conducting the hearing.
(h) Set a reasonable limit on the length of the hearing after
consideration of all of the following:
(1) The issues to be heard.
(2) The complexity of the facts to be proven.
(3) The ability of the parties and their representatives, if any,
to present their respective cases.
(4) The estimate of the parties as to the time needed to present
their respective cases.

56505.2. (a) A hearing officer may not render a decision that
results in the placement of an individual with exceptional needs in a
nonpublic, nonsectarian school, or that results in a service for an
individual with exceptional needs provided by a nonpublic,
nonsectarian agency, if the school or agency has not been certified
pursuant to Section 56366.1.
(b) A hearing officer shall consider Sections 56365, 56366, and
56366.1 during a due process hearing concerning an issue of placement
of an individual with exceptional needs in a nonpublic, nonsectarian
school, or services for an individual with exceptional needs
provided by a nonpublic, nonsectarian agency.

56506. In addition to the due process hearing rights enumerated in
subdivision (b) of Section 56501, the following due process rights
extend to the pupil and the parent:
(a) Written notice to the parent of his or her rights in language
easily understood by the general public and in the native language of
the parent, as defined in Section 300.29 of Title 34 of the Code of
Federal Regulations, or other mode of communication used by the
parent, unless to do so is clearly not feasible. The written notice
of rights shall include, but not be limited to, those prescribed by
Section 56341.
(b) The right to initiate a referral of a child for special
education services pursuant to Section 56303.
(c) The right to obtain an independent educational assessment
pursuant to subdivision (b) or (c) of Section 56329.
(d) The right to participate in the development of the
individualized education program and to be informed of the
availability under state and federal law of free appropriate public
education and of all available alternative programs, both public and
nonpublic.
(e) Written parental consent pursuant to Section 56321 shall be
obtained before any assessment of the pupil is conducted, unless the
public agency prevails in a due process hearing relating to the
assessment. In accordance with Section 300.300(c)(2) of Title 34 of
the Code of Federal Regulations, informed parental consent need not
be obtained in the case of a reassessment of the pupil if the local
educational agency can demonstrate that it has taken reasonable
measures to obtain consent and the pupil's parent has failed to
respond.
(f) Written parental consent pursuant to Section 56346 shall be
obtained before the pupil is placed in a special education program.
(g) A parent of an individual with exceptional needs may elect to
receive notices required under this chapter by an electronic mail
communication, if the local educational agency makes that option
available, in accordance with Section 1415(n) of Title 20 of the
United States Code.

56507. (a) If either party to a due process hearing intends to be
represented by an attorney in the state hearing, notice of that
intent shall be given to the other party at least 10 days prior to
the hearing. The failure to provide that notice shall constitute good
cause for a continuance.
(b) (1) An award of reasonable attorney's fees to the prevailing
parent, guardian, or pupil, as the case may be, may only be made
either with the agreement of the parties following the conclusion of
the administrative hearing process or by a court of competent
jurisdiction pursuant to Section 1415(i)(3) of Title 20 of the United
States Code.
(2) In accordance with Section 1415(i)(3) of Title 20 of the
United States Code, the court, in its discretion, may award
reasonable attorney's fees as part of the costs to a prevailing party
who is a state educational agency or local educational agency in the
following circumstances:
(A) Against the attorney of a parent who files a due process
hearing request or subsequent cause of action that is frivolous,
unreasonable, or without foundation, or against the attorney of a
parent who continued to litigate after the litigation clearly became
frivolous, unreasonable, or without foundation.
(B) Against the attorney of a parent, or against the parent, if
the parent's due process hearing request or subsequent cause of
action was presented for any improper purpose, such as to harass, to
cause unnecessary delay, or to needlessly increase the cost of
litigation.
(c) Public agencies shall not use federal funds distributed under
Part B of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.), or other federal special education funds,
for the agency's own legal counsel or other advocacy costs, that may
include, but are not limited to, a private attorney or employee of
an attorney, legal paraprofessional, or other paid advocate, related
to a due process hearing or the appeal of a hearing decision to the
courts. Funds shall not be used to reimburse parents who prevail and
are awarded attorney's fees, pursuant to subdivision (b), as part of
the judgment. Nothing in this subdivision shall preclude public
agencies from using these funds for attorney services related to the
establishment of policy and programs, or responsibilities, under Part
B of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) and the program administration of these
programs. This subdivision does not apply to attorneys and others
hired under contract to conduct administrative hearings pursuant to
subdivision (a) of Section 56505.
(d) The hearing decision shall indicate the extent to which each
party has prevailed on each issue heard and decided, including issues
involving other public agencies named as parties to the hearing.

56508. It is the intent of the Legislature that the department
develop training materials that can be used locally by parents,
public agencies, and others and conduct workshops on alternative
resolutions for resolving differences in a nonadversarial atmosphere
with the mutual goal of providing a free appropriate public education
for children and youth with disabilities.

56509. This chapter, in accordance with subsection (o) of Section
1415 of Title 20 of the United States Code, does not preclude a
parent from filing a separate due process hearing request on an issue
separate from a due process hearing request already filed.