CHAPTER 5. Procedural Safeguards [56500. - 56509.]
Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9.
§§ 56500–56509 · 20 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…