reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3082 - Due Process Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A parent or public education agency may
					 initiate a hearing pursuant to Education Code sections
					 56500
					 through
					 56507 and
					 34 C.F.R Sections
					 300.507 through
					 300.512 on any of the matters
					 described in Education Code section
					 56501. The
					 hearing shall be conducted by a hearing officer knowledgeable in administrative
					 hearings and under contract with the CDE.
(b) The hearings conducted pursuant to this
					 section shall not be conducted according to the technical rules of evidence and
					 those related to witnesses. Any relevant evidence shall be admitted if it is
					 the sort of evidence on which responsible persons are accustomed to rely in the
					 conduct of serious affairs, regardless of the existence of any common law or
					 statutory rule which might make improper the admission of such evidence over
					 objection in civil actions. Hearsay evidence may be used for the purpose of
					 supplementing or explaining other evidence but shall not be sufficient in
					 itself to support a finding unless it would be admissible over objection in
					 civil actions. All testimony shall be under oath or affirmation which the
					 hearing officer is empowered to administer.
(c) In addition to the rights afforded both
					 parties to the hearing pursuant to Education Code sections
					 56500,
					 56501,
					 56502,
					 56503,
					 56504,
					 56505,
					 56506 and
					 56507 and
					 C.F.R. Section
					 300.512, the parties shall also
					 have the following rights:
(1) To call
					 witnesses, including adverse witnesses, and to cross examine witnesses for the
					 other party.
(2) To compel the
					 attendance of witnesses. The hearing officer shall have the right to issue
					 Subpoenas (order to appear and give testimony) and Subpoenas Duces Tecum (order
					 to produce document(s) or paper(s) upon a showing of reasonable necessity by a
					 party).
(3) Absent compelling
					 circumstances to the contrary, and upon motion to the hearing officer to have
					 witnesses excluded from the hearing.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3083 - Service Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding Government Code section
						11440.20
						of the APA, service of notice, motions, or other writings pertaining to special
						education due process hearing procedures to the California agency or nonprofit
						organization or entity that is responsible for conducting due process hearings
						and any other person or entity are subject to the following provisions:
(a) The notice, motion, or writing shall be
					 delivered personally or sent by mail or other means to the agency or nonprofit
					 organization or entity that is responsible for conducting due process hearings,
					 person, or entity at their last known address and, if the person or entity is a
					 party with an attorney or other authorized representative of record in the
					 proceeding, to the party's attorney or other authorized
					 representative.
(b) Unless a
					 provision specifies the form of mail, service or notice by mail may be by
					 first-class mail, registered mail, or certified mail, by mail delivery service,
					 by facsimile transmission if complete and without error, or by other electronic
					 means as provided by regulation, in the discretion of the sender.
(c) Service must be made by a method that
					 ensures receipt by all parties and the agency or nonprofit organization or
					 entity that is responsible for conducting due process hearings in a comparable
					 and timely manner.
1. New
						section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26).
						A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-23-97 order, including
						removal of subsection designator from first paragraph and redesignation of
						former subsections (a)(1)-(a)(3) as subsections (a)-(c), amendment of newly
						designated subsection (b), and amendment of NOTE, transmitted to OAL 10-20-97
						and filed 12-4-97 (Register 97, No. 49).
3. Change without
						regulatory effect amending first paragraph and NOTE filed 9-27-2012 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2012, No. 39).
4. Amendment filed 5-5-2014;
						operative 7-1-2014 (Register 2014, No. 19).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56500,
						  56501,
						  56502,
						  56503,
						  56504,
						  56505,
						  56506 and
						  56507,
						  Education Code; Section
						  11440.20,
						  Government Code; 20 U.S.C.
						  Sections 1415(b)(2) and (c);
						  and 34 C.F.R. Sections
						  300.507,
						  300.508,
						  300.509,
						  300.510,
						  300.511 and
						  300.512.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3084 - Ex Parte Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Government Code sections
					 11425.10(a)(8),
					 11430.20,
					 and
					 11430.30
					 of the APA, while special education due process hearing proceedings are
					 pending, there shall be no communication, direct or indirect, regarding any
					 issue in the proceeding, to a hearing officer from an employee or
					 representative of a party or from an interested person unless the communication
					 is made on the record at the hearing.
(b) A proceeding is pending from the date of
					 receipt by the California agency or nonprofit organization or entity that is
					 responsible for conducting due process hearings of the request for
					 hearing.
(c) If a hearing officer
					 receives a communication in violation of this section, the hearing officer
					 shall disclose the content of the communication on the record and give the
					 parties an opportunity to address the matter if so requested within 10 days of
					 receipt of notification of the communication.
(1) The hearing officer has discretion to
					 allow the party to present evidence concerning the subject of the
					 communication.
(2) The hearing
					 officer has discretion to reopen a hearing that has been
					 concluded.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3085 - Precedent Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding Government Code section
						11425.10(a)(7)
						of the APA, orders and decisions rendered in special education due process
						hearing proceedings may be cited as persuasive but not binding authority by
						parties and hearing officers in subsequent proceedings.
1. New
						section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26).
						A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-23-97 order, including
						amendment of NOTE, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97,
						No. 49).
3. Change without regulatory effect amending section and
						NOTE filed 9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56500,
						  56501,
						  56502,
						  56503,
						  56504,
						  56505,
						  56506 and
						  56507,
						  Education Code; Section
						  11425.10,
						  Government Code; 20 U.S.C.
						  Sections 1415(b)(2) and (c);
						  and 34 C.F.R. Sections
						  300.507,
						  300.508,
						  300.509,
						  300.510,
						  300.511 and
						  300.512.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3086 - Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Government Code
					 section
					 11420.10
					 of the APA does not apply to special education due process hearing procedures
					 because Education Code sections
					 56500,
					 56501,
					 56502,
					 56503,
					 56504,
					 56505,
					 56506 and
					 56507
					 provide for mediation.
(b)
					 Notwithstanding any other provision of law, a communication made in mediation
					 is protected to the following extent:
(1)
					 Anything said, any admission made, and any document prepared in the course of,
					 or pursuant to, mediation under this article is a confidential communication,
					 and a party to the mediation has a privilege to refuse to disclose and to
					 prevent another from disclosing the communication, whether in an adjudicative
					 proceeding, civil action, or other proceeding. This subdivision does not limit
					 the admissibility of evidence if all parties to the proceedings
					 consent.
(2) No reference to
					 mediation proceedings, the evidence produced, or any other aspect of the
					 mediation may be made in an adjudicative proceeding or civil action, whether as
					 affirmative evidence, by way of impeachment, or for any other
					 purpose.
(3) No mediator or
					 interpreter or other participants are competent to testify in a subsequent
					 administrative or civil proceeding as to any statement, conduct, decision, or
					 order occurring at, or in conjunction with, the mediation.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3087 - Decision by Settlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding Government Code section
						11415.60
						of the APA, a decision by settlement may be issued on terms the parties
						determine are appropriate so long as the agreed-upon terms are not contrary to
						the law.
1. New
						section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26).
						A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-23-97 order, including
						amendment of NOTE, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97,
						No. 49).
3. Change without regulatory effect amending section and
						NOTE filed 9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56500,
						  56501,
						  56502,
						  56503,
						  56504,
						  56505,
						  56506 and
						  56507,
						  Education Code; Section
						  11415.60,
						  Government Code; 20 U.S.C.
						  Sections 1415(b)(2) and (c);
						  and 34 C.F.R. Sections
						  300.506,
						  300.507,
						  300.508,
						  300.509 and
						  300.510.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3088 - Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Provisions for
					 contempt sanctions, order to show cause, and expenses contained in Government
					 Code sections
					 11455.10,
					 11455.20
					 and
					 11455.30
					 of the APA apply to special education due process hearing procedures except as
					 modified by subdivisions (b) through (e) of this section.
(b) Only the presiding hearing officers may
					 initiate contempt sanctions and/or place expenses at issue.
(c) Prior to initiating contempt sanctions
					 with the court, the presiding hearing officer shall obtain approval from the
					 General Counsel of the CDE.
(d) The
					 failure to initiate contempt sanctions and/or impose expenses is not
					 appealable.
(e) The presiding
					 hearing officer may, with approval from the General Counsel of the CDE, order a
					 party, the party's attorney or other authorized representative, or both, to pay
					 reasonable expenses, including costs of personnel, to the California agency or
					 nonprofit organization or entity that is responsible for conducting due process
					 hearings for the reasons set forth in Government Code section
					 11455.30(a).
1. New
						section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26).
						A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-23-97 order, including
						amendment of subsections (a), (b) and (c) and amendment of NOTE, transmitted to
						OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49).
3. Change
						without regulatory effect amending subsections (a), (c) and (e) and amending
						NOTE filed 9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
4. Amendment of subsection (e)
						filed 5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56500,
						  56501,
						  56502,
						  56503,
						  56504,
						  56505,
						  56506 and
						  56507,
						  Education Code; Sections
						  11455.10,
						  11455.20
						  and
						  11455.30,
						  Government Code; 20 U.S.C.
						  Sections 1415(b)(2) and (c);
						  and 34 C.F.R. Section
						  300.511.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3088.1 - Sanctions: Withholding Funds to Enforce Special Education Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a
					 district, special education local plan area, or county office of education
					 fails to comply substantially with a provision of law regarding special
					 education and related services, the superintendent may withhold funds allocated
					 to such LEA under Chapter 7.2 (commencing with section
					 56836) of Part 30 of the Education
					 Code and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
					 seq.). Such noncompliance may result from failure of the LEA to substantially
					 comply with corrective action orders issued by the CDE in monitoring findings
					 or complaint investigation reports. "Substantial noncompliance" means an
					 incident of significant failure to provide a child with a disability with a
					 free appropriate public education, an act which results in the loss of an
					 educational opportunity to the child or interferes with the opportunity of the
					 parents or guardians of the pupil to participate in the formulation of the IEP,
					 a history of chronic noncompliance in a particular area, or a systemic
					 agency-wide problem of noncompliance.
(b) Prior to withholding funds, the CDE shall
					 provide written notice to the LEA, by certified mail, of the noncompliance
					 findings that are the basis of the CDE's intent to withhold funds. The notice
					 shall also inform the LEA of the opportunity to request a hearing to contest
					 the findings and the proposed withholding of funds.
(c) The notice shall include the following
					 information:
(1) The specific past and
					 existing noncompliance that is the basis of the withholding of funds.
(2) The efforts that have been made by the
					 CDE to verify that all required corrective actions have been taken.
(3) The specific actions that must be taken
					 by the LEA to bring it into compliance by an exact date to avoid the
					 withholding of funds.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3088.2 - Enforcement and Withholding of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer shall determine,
					 based on the totality of the evidence, whether a preponderance of the evidence
					 supports the CDE's findings of noncompliance and the determination that
					 withholding of funds is appropriate in the particular circumstances of the
					 case. The hearing officer's decision shall be the final decision of the
					 CDE.
(b) If the State
					 Superintendent of Public Instruction (SSPI) determines, subsequent to
					 withholding funds, that an LEA has made substantial progress toward compliance
					 with the state law, federal law, or regulations governing the provision of
					 special education and related services to individuals with exceptional needs,
					 the SSPI may apportion the state or federal funds previously withheld to the
					 LEA.
1. New
						section filed 1-10-2005; operative 2-9-2005 (Register 2005, No.
						2).
2. Change without regulatory effect amending section and NOTE
						filed 9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Section
						  56845,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3089 - Partial Non-Applicability of Certain Sections of the Administrative Procedure Act to Special Education Due Process Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Special education due process hearing procedures shall
						not be subject to the following provisions of the APA: Government Code sections
						11415.60
						(Decision by settlement); 11420.10 and 11420.30 (Referral of proceedings);
						11425.10 (Governing procedures); 11440.10 (Authority of agency head following
						decision); 11440.20 (Service notice); 11440.30(b) (Conduct of hearing by
						electronic means); 11445.10, 11445.20, 11445.30, 11445.40, 11445.50 and
						11445.60 (Informal hearing); 11450.05, 11450.10, 11450.20 and 11450.30
						(Subpoenas); 11460.10, 11460.20, 11460.30, 11460.40, 11460.50, 11460.60 and
						11460.70 (Emergency decision); 11465.10, 11465.20, 11465.30, 11465.40, 11465.50
						and 11465.60 (Declaratory decisions); and 11470.10, 11470.20, 11470.30,
						11470.40 and 11470.50 (Conversion of proceeding).
1. New
						section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26).
						A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-23-97 order, including
						amendment of section and NOTE, transmitted to OAL 10-20-97 and filed 12-4-97
						(Register 97, No. 49).
3. Change without regulatory effect amending
						section and NOTE filed 9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56500,
						  56501,
						  56502,
						  56503,
						  56504,
						  56505,
						  56506 and
						  56507,
						  Education Code; Sections
						  11415.60,
						  11420.10,
						  11420.30,
						  11425.10,
						  11440.10,
						  11440.20,
						  11440.30,
						  11445.10,
						  11445.20,
						  11445.30,
						  11445.40,
						  11445.50,
						  11445.60,
						  11450.05,
						  11450.10,
						  11450.20,
						  11450.30,
						  11460.10,
						  11460.20,
						  11460.30,
						  11460.40,
						  11460.50,
						  11460.60,
						  11460.70,
						  11465.10,
						  11465.20,
						  11465.30,
						  11465.40,
						  11460.50,
						  11465.60,
						  11470.10,
						  11470.20,
						  11470.30,
						  11470.40
						  and
						  11470.50,
						  Government Code; 20 U.S.C.
						  Sections 1415(b)(2) and (c);
						  and 34 C.F.R. Sections
						  300.507,
						  300.508,
						  300.509,
						  300.510,
						  300.511,
						  300.512 and
						  300.513.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3090 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Education Code section
						56504.5
						requires the CDE to enter into a contract with a nonprofit organization or
						entity or interagency agreement with another state agency to conduct mediation
						conferences and due process hearings in accordance with
						34 C.F.R. Sections
						300.506 and
						300.511. The purpose of this
						article is to identify the duties of the contractor or agency with whom the CDE
						has entered into a contract or interagency agreement pursuant to Education Code
						section
						56504.5.
1. New
						article 7.5 (sections
						3090-3099) and section filed
						5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change
						without regulatory effect amending section filed 9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56504.5,
						  Education Code. Reference: Section
						  56504.5,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3090.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
					 article "agency" means the state agency with whom the CDE has entered into an
					 interagency agreement to conduct mediation conferences and due process hearings
					 pursuant to Education Code section
					 56504.5.
(b) As used in this article "conflict of
					 interest" means a dealing or relationship that reasonably raises a question of
					 bias.
(c) As used in this article
					 "contractor" means the nonprofit organization or other entity with whom the CDE
					 has entered into a contract to conduct mediation conferences and due process
					 hearings pursuant to Education Code section
					 56504.5.
(d) As used in this article "forms and
					 documents for hearings" means those forms and documents provided to the parties
					 by the contractor or agency.
(e) As
					 used in this article "hearing officer" means a person who, as an employee or
					 similarly related individual of the contractor or agency, is adjudicating due
					 process hearings pursuant to this contract or interagency agreement in
					 accordance with Education Code section
					 56504.5.
(f) As used in this article "mediator" means
					 a person who, as an employee or similarly related individual of the contractor
					 or agency, is conducting mediations pursuant to this contract or interagency
					 agreement in accordance with Education Code section
					 56504.5.
1. New
						section filed 5-7-2009; operative 6-6-2009 (Register 2009, No.
						19).
Note: Authority cited: Section
						  56504.5,
						  Education Code. Reference: Section
						  56504.5,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3091 - Mediation and Due Process Hearing Manual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor or agency shall maintain
					 and make available to interested parties a manual that describes the procedures
					 of mediation and due process hearings.
(b) Said manual shall provide, at minimum,
					 detailed guidance for parents and LEAs as follows:
(1) How to file a due process complaint,
					 including a model form to assist parents and guardians in filing a request for
					 due process;
(2) A description of
					 the mediation process;
(3) A
					 description of the due process hearing process;
(4) How to prepare for and participate in
					 mediation;
(5) How to prepare for a
					 due process hearing;
(6) How to
					 properly communicate with the mediator, hearing officer, and other
					 parties;
(7) How to compel
					 attendance of witnesses;
(8) How to
					 compel production of documents;
(9)
					 How to properly present evidence;
(10) How to file and serve pre-hearing
					 motions;
(11) How to research and
					 locate special education decisions issued by the contractor or agency;
					 and
(12) How to access all
					 applicable statutes and regulations related to the Individuals with
					 Disabilities Education Improvement Act of 2004 (IDEIA)(20 U.S.C. Sections
					 1400-1482).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3092 - Quarterly Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The contractor or agency shall file a quarterly report with the CDE. The report
					 shall be received by the CDE no later than 30 calendar days after the end of
					 the quarter. For the purposes of this section "quarter" refers to the state
					 fiscal year which begins on July 1 of the previous calendar year and ends on
					 June 30 of the immediately following year.
(b) Each quarterly report shall be sent to
					 the CDE via electronic mail and a duplicate copy in print to the contract
					 monitor via United States Postal Service or independent courier.
(c) Each quarterly report shall provide the
					 CDE with information that is specified in Education Code section
					 56504.5(d).
(d) The quarterly report shall also contain
					 the cumulative data from the first quarter of the current fiscal year through
					 the end of the most recent quarter.
(e) The contractor or agency shall make all
					 data collected pursuant to this subdivision available for placement on the
					 CDE's Web site.
(f) The contractor
					 or agency shall report to the CDE a timeline and mechanism to implement any new
					 reporting requirements contained in the California or Federal current year's
					 Budget Act, or any information that is required to be reported to a federal or
					 state agency including, but not limited to, the Office of Special Education
					 Programs. The contractor or agency must submit this report to the CDE within 60
					 calendar days from the postmark date of the CDE's written notification to the
					 contractor or agency of such a reporting requirement.
1. New
						section filed 5-7-2009; operative 6-6-2009 (Register 2009, No.
						19).
2. Change without regulatory effect amending section filed
						9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56504.5,
						  Education Code. Reference: Section
						  56504.5,
						  Education Code; and 20
						  U.S.C. Sections 1232f and
						  1412.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3093 - Retention and Inspection of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor or agency shall permit the CDE to audit,
						review, and inspect the contractor's or agency's activities, books, documents,
						papers, and records during the progress of the work performed pursuant to the
						contract or interagency agreement and for three years following final
						payment.
1. New
						section filed 5-7-2009; operative 6-6-2009 (Register 2009, No.
						19).
2. Change without regulatory effect amending section filed
						9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56504.5,
						  Education Code. Reference: Section
						  56504.5,
						  Education Code; and 20
						  U.S.C. Sections 1232f and
						  1412.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3094 - Committee to Advise Contractor, or Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor or agency shall establish,
					 and maintain an advisory committee composed of attorneys, advocates, parents,
					 and representatives of LEAs, including school districts, county offices of
					 education or other public educational agencies that have jurisdiction under the
					 IDEA.
(1) The majority of the advisory
					 committee must be any combination of parents, advocates for parents, and/or
					 attorneys for parents.
(2) The
					 contractor or agency is encouraged to consider the wide range of disabilities,
					 ethnicities, races, socioeconomics, and other variables, within the special
					 education population.
(3) The
					 contractor or agency shall establish the total number of members and the terms
					 of appointment for the advisory committee.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3095 - Availability of Translators and Translated Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor or agency shall prepare
					 forms and documents for mediation and due process hearings in English and, at
					 minimum, the five foreign languages most commonly spoken in California schools
					 as identified annually by the CDE.
(1) The
					 contractor or agency shall publish, on its Web site, a list of all available
					 and downloadable forms and documents.
(2) The Web site of the contractor or agency
					 shall include a feature for requesting, by language, available forms and
					 documents.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3096 - Supervision of Mediators and Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor or agency shall appoint a person or
						persons to supervise the mediators and hearing officers dedicated to the
						mediations and due process hearings of Special Education disputes performed
						under the contract or interagency agreement.
1. New
						section filed 5-7-2009; operative 6-6-2009 (Register 2009, No.
						19).
2. Change without regulatory effect amending NOTE filed
						9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56504.5,
						  Education Code. Reference: Sections
						  56504.5 and
						  56505,
						  Education Code; 20 U.S.C.
						  Sections 1412 and
						  1415; and
						  34 C.F.R. Sections
						  300.506 and
						  300.511.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3096.1 - Supervisor of Mediators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor or agency shall appoint a
					 supervisor of mediators.
(1) Qualifications
					 of the supervisor:
(A) At least eight years
					 of experience in the mediation of disputes arising before, during, or
					 independently of, judicial or quasi-judicial administrative proceedings;
					 and
(B) Experience in special
					 education matters.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3096.2 - Supervisor of Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor or agency shall appoint a
					 supervisor of hearing officers.
(b)
					 Qualifications of the supervisor:
(1) At
					 least eight years of experience in the practice of law in civil or criminal
					 trial courts, appellate courts, or quasi-judicial administrative proceedings;
					 and
(2) Significant experience in
					 special education matters.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3097 - Minimum Qualifications for Mediators and Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All mediations and due process hearings shall be
						conducted by a mediator or hearing officer who has demonstrated to his or her
						supervisor that he or she satisfies the requirements set forth in Education
						Code, Chapter 5 of Part 30, commencing with section
						56500.
1. New
						section filed 5-7-2009; operative 6-6-2009 (Register 2009, No.
						19).
2. Change without regulatory effect amending section and NOTE
						filed 9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56504.5,
						  Education Code. Reference: Sections
						  56504.5 and
						  56505,
						  Education Code; 20 U.S.C.
						  Section 1415; and
						  34 C.F.R. Sections
						  300.506 and
						  300.511.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3098 - Training for Mediators and Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the "Minimum Qualifications" set forth in
						section 3097, all mediators and hearing
						officers must complete the training requirements set forth in sections
						3098.1(a) and (b)
						or 3098.2(a) and (b)
						prior to conducting a mediation or due process hearing.
1. New
						section filed 5-7-2009; operative 6-6-2009 (Register 2009, No.
						19).
2. Change without regulatory effect amending NOTE filed
						9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56504.5,
						  Education Code. Reference: Sections
						  56504.5 and
						  56505,
						  Education Code; 20 U.S.C.
						  Section 1415; and
						  34 C.F.R. Section
						  300.506 and
						  300.511.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3098.1 - Training for Mediators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A mediator shall complete at least 20
					 hours of training in mediation theory, techniques, and practices, which may
					 include practical, clinical, or simulated training and shall include, but not
					 be limited to, the following subjects:
(1)
					 Mediation purposes;
(2) Evaluating
					 cases for mediation;
(3) Mediation
					 and mediator's ethics;
(4)
					 Confidentiality in and after mediation;
(5) Negotiation theory;
(6) Approaches to conflict
					 resolution;
(7) Preparation for
					 mediation;
(8) Mediator's
					 opening;
(9) Stages of
					 mediation;
(10) Identification and
					 narrowing of issues;
(11)
					 Communications skills;
(12) Use of
					 caucuses;
(13) Strategies for
					 dealing with recurring mediation problems;
(14) Recognizing opportunities in
					 mediation;
(15) Recognizing and
					 dealing with impasse and closure;
(16) Multi-party mediation;
(17) Post-mediation issues; and
(18) Resources for
					 mediators.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3098.2 - Training for Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to acting as a hearing officer, a
					 hearing officer shall receive 80 hours of training in adjudication of
					 administrative matters, which shall include, but not be limited to, the
					 following subjects:
(1) Due process and the
					 role of the hearing officer;
(2)
					 Ethical requirements for hearing officers;
(3) Creating and maintaining a bias-free
					 proceeding;
(4) Case
					 management;
(5) Motions and other
					 pre-hearing practices and procedures;
(6) Settlement practice;
(7) Hearing preparation;
(8) Making, completing, supplementing, and
					 preserving a record;
(9) Opening
					 and closing a hearing;
(10) Hearing
					 room control and demeanor;
(11)
					 Strategies for protecting the rights of parties not represented by
					 attorneys;
(12) Dealing with a
					 party's default;
(13) Handling and
					 preserving documents and exhibits;
(14) Credibility of witnesses;
(15) Qualifying and evaluating expert
					 witnesses;
(16) Common evidentiary
					 issues in administrative proceedings;
(17) Closing briefs and arguments and
					 submission;
(18) Writing decisions;
					 and
(19) Resources for hearing
					 officers.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7.5 - Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings › Section 3099 - Preventing Conflicts of Interest for Mediators and Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor
					 or agency shall require mediators and hearing officers to prevent conflicts of
					 interest.
(b) The contractor or
					 agency shall require mediators and hearing officers to disclose all actual and
					 potential conflicts of interest reasonably known to him or her and that could
					 reasonably be seen as raising a question about impartiality.
(c) Any involvement by a mediator or hearing
					 officer with the subject matter of the dispute or any relationship between a
					 mediator or hearing officer with any party, prospective participant, or
					 prospective witness, whether past or present, personal or professional, that
					 reasonably raises a question of the mediator's or hearing officer's
					 impartiality shall be disclosed by the mediator or hearing officer to the
					 parties as soon as practicable after the mediator or hearing officer becomes
					 aware of such circumstance.
(d) The
					 contractor or agency, in the event of an actual or potential conflict, shall
					 require the mediator or hearing officer to decline to mediate or adjudicate the
					 dispute, unless all parties choose to retain him or her.
1. New
						section filed 5-7-2009; operative 6-6-2009 (Register 2009, No.
						19).
2. Change without regulatory effect amending NOTE filed
						9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56504.5,
						  Education Code. Reference: Section
						  56504.5,
						  Education Code; 20 U.S.C.
						  Section 1415; and
						  34 C.F.R. Sections
						  300.500,
						  300.506 and
						  300.511.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 8 - State Board of Education Waivers › Section 3100 - Resource Specialist Caseload Waivers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A school district, SELPA, county office
					 of education, or any other public agency providing special education or related
					 services may request the SBE to grant a waiver of the maximum resource
					 specialist caseload, as set forth in Education Code section
					 56362(c),
					 only if the waiver is necessary or beneficial either (1) to the content and
					 implementation of a pupil's IEP and does not abrogate any right provided
					 individuals with exceptional needs by specified federal law or (2) to the
					 agency's compliance with specified federal law.
(b) The SBE shall grant any waiver request
					 submitted in accordance with subdivision (a) only:
(1) when the facts indicate that failure to
					 do so would hinder either:
(A) implementation
					 of a pupil's IEP or;
(B) compliance
					 by the requesting agency with specified federal law; and
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 9 - Filing of a Complaint › Section 3201 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article applies to complaints that allege that an
						LEA or, as applicable, other public agency, violated any of the following
						provisions:
(a) Part B of the IDEA,
					 and federal regulations implementing Part B; or
(b) Part 30 of the Education Code, and this
					 subchapter.
(c) Additionally, this
					 article applies to those complaints in which:
(1) The complainant alleges that an LEA or
					 other public agency has violated the terms of a settlement agreement relating
					 to the provision of a free, appropriate public education. An allegation
					 relating to an attorney fees provision in a settlement agreement is expressly
					 excluded from the article.
(2) The
					 complainant alleges that the LEA or other public agency has failed or refused
					 to implement a due process hearing order to which that LEA or other public
					 agency is subject.
(3) The
					 complainant alleges that a public agency, other than an LEA, as specified in
					 Government Code sections
					 7570
					 through
					 7587,
					 fails or refuses to comply with a law or regulation applicable to that public
					 agency as it pertains or relates to the provision of a free appropriate public
					 education to individuals with disabilities.
(4) The complainant alleges facts that
					 indicate that physical safety concerns interfere with the provision of a free
					 appropriate public education.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 9 - Filing of a Complaint › Section 3202 - Filing a State Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In accordance with 34 Code of Federal
					 Regulations (CFR) section
					 300.153, an organization or
					 individual may file a signed written complaint with the CDE under the
					 procedures described in 34
					 CFR sections 300.151-152.
(b) The complaint filed pursuant to
					 subdivision (a) must include:
(1) A statement
					 that an LEA or other public agency has violated or failed to comply with any
					 provision set forth in section
					 3201.
(2) The facts on which the statement is
					 based;
(3) The signature and
					 contact information for the complainant; and
(4) If alleging violations with respect to a
					 specific child:
(A) The name and address of
					 the 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 section
					 725(2) of the
					 McKinney-Vento Homeless Assistance Act (42 U.S.C. §
														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 problem;
					 and
(E) A proposed resolution of
					 the problem to the extent known and available to the party at the time the
					 complaint is filed.