California Code of Regulations › Title 2 - Administration › Division 9 - Joint Regulations for Pupils with Disabilities › Chapter 1 - Interagency Responsibilities for Providing Services to Pupils with Disabilities › Article 9 - Interagency Dispute Resolution › Section 60600 - Application of Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  procedures of this article apply as specified in Government Code 7585, when there is
				  a dispute between or among the California Department of Education or a LEA or both
				  and any agency included in Sections
				  7575 of the
				  Government Code over the provision of related services, when such services are
				  contained in the IEP of a pupil with a disability. This article also applies when
				  the responsibility for providing services, ordered by a hearing officer or agreed to
				  through mediation pursuant to Sections
				  56503 and
				  56505 of the
				  Education Code, is in dispute among or between the public agencies.
(b) A dispute over the provision of services means
				  a dispute over which agency is to deliver or to pay for the services when the
				  service is contained in the IEP, mediation agreement, or due process hearing
				  decision. The IEP of a pupil with a disability, and, when appropriate, a copy of the
				  mediation agreement negotiated through the mediator or decision of the hearing
				  officer shall accompany the request for a state interagency dispute
				  resolution.
(c) As specified in Section
				  7585 of the
				  Government Code, when a service has been included in an IEP by an IEP team without
				  the recommendation of the qualified professional in accordance with Section
				  7572 of the
				  Government Code, the LEA shall be solely responsible for the provision of the
				  service. In such circumstances, the dispute, if any, is between the parent and the
				  LEA and shall be resolved pursuant to Title 5 of the California Code of
				  Regulations.
1. New section
					 refiled 5-1-87 as an emergency; designated effective 5-1-87 (Register 87, No. 30). A
					 Certificate of Compliance must be transmitted to OAL within 120 days or emergency
					 language will be repealed on 8-31-87.
2. Division 9 (Chapter 1, Articles
					 1-9, Sections 60000-60610, not consecutive) shall not
					 be subject to automatic repeal until the final regulations take effect on or before
					 June 30, 1988 pursuant to Item 4440-131-001(b)(2), Chapter 135, Statutes of 1987
					 (Register 87, No. 46).
3. Division 9 (Chapter 1, Articles 1-9, Sections
					 60000-60610, not consecutive) shall not
					 be subject to automatic repeal until the final regulations take effect on or before
					 June 30, 1997, pursuant to Government Code section
					 7587, as
					 amended by Stats. 1996, c. 654 (A.B. 2726, §
											4.) (Register 98, No. 26).
4.
					 Division 9 (Chapter 1, Articles 1-9, Sections
					 60000-60610, not consecutive) repealed
					 June 30, 1997, by operation of Government Code section
					 7587, as
					 amended by Stats. 1996, c. 654 (A.B. 2726, §
											4.) (Register 98, No. 26).
5.
					 New article 9 (sections
					 60600-60610) and section filed 6-26-98
					 as an emergency; operative 7-1-98 (Register 98, No. 26). A Certificate of Compliance
					 mustbe transmitted to OAL by 10-29-98 or emergency language will be repealed by
					 operation of law on the following day.
6. Editorial correction restoring
					 prior HISTORIES 1-2, adding new HISTORIES 3-4, and renumbering and amending existing
					 HISTORY 1 to new HISTORY 5 (Register 98, No. 44).
7. New article 9
					 (sections 60600-60610) and section refiled
					 10-26-98 as an emergency; operative 10-29-98 (Register 98, No. 44). A Certificate of
					 Compliance must be transmitted to OAL by 2-26-99 or emergency language will be
					 repealed by operation of law on the following day.
8. New article 9
					 (sections 60600-60610) and section refiled 2-25-99
					 as an emergency; operative 2-26-99 (Register 99, No. 9). A Certificate of Compliance
					 must be transmitted to OAL by 6-28-99 or emergency language will be repealed by
					 operation of law on the following day.
9. Certificate of Compliance as to
					 2-25-99 order, including amendment of subsection (b), transmitted to OAL 6-25-99 and
					 filed 8-9-99 (Register 99, No. 33).
10. Change without regulatory effect
					 amending subsection (a) and NOTE filed 8-30-2012 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2012, No. 35).
Note: Authority cited: Section
						7587,
						Government Code. Reference: Sections
						7572 and
						7585,
						Government Code; and Sections
						56503 and
						56505, Education
						Code.