2005 California Education Code Sections 56500-56509 CHAPTER 5. PROCEDURAL SAFEGUARDS

56500.  As used in this chapter, "public education agency" means a
district, special education local plan area, or county office,
depending on the category of local plan elected by the governing
board of a school district pursuant to Section 56195.1, or any other
public agency providing special education or related services.
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) A complaint filed with the department regarding any
alleged violations of the Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.) or a provision of this part shall be
investigated in an expeditious and effective manner pursuant to
Chapter 5.1 (commencing with Section 4600) of Title 5 of the
California Code of Regulations and Sections 300.660 to 300.662,
inclusive, of Title 34 of the Code of Federal Regulations.
   (b) Pursuant to subsection (c) of Section 300.662 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.
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 education
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 paragraph (3) of subsection (b)
of Section 300.506 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
subsection (d) of Section 300.506 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 subparagraph (F) of paragraph (2) of
subsection (e) of Section 1415 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 education 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 paragraph (4) of subsection (b) of Section 300.506 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) Notwithstanding any procedure set forth in this chapter, a
public education agency and a parent may, if the party initiating the
mediation conference so chooses, meet informally to resolve any
issue or issues to the satisfaction of both parties prior to the
mediation conference.
   (k) The procedures and rights contained in this section shall be
included in the notice of parent rights attached to the pupil's
assessment plan pursuant to Section 56321.
56500.4.  Pursuant to paragraphs (3) and (4) of subsection (b) and
paragraph (1) of subsection (c) of Section 1415 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 education 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 when the public
education 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.
56500.5.  As provided in clause (iii) of paragraph (3) of subsection
(a) of Section 300.122 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
300.457 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 education 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 education 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
district, special education local plan area, or county office
regarding the availability of a program appropriate for the child,
including the question of financial responsibility, as specified in
subsection (b) of Section 300.403 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 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 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 a
party invoking his or her right to an impartial due process hearing
under this chapter, the local educational agency shall convene a
resolution session, which is a meeting between 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 subparagraph (B) of
paragraph (1) of subsection (f) of Section 1415 of Title 20 of the
United States Code.
   (1) The meeting shall be convened within 15 days of receiving
notice of the parents' due process hearing request.
   (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) At the meeting, the parents of the child may discuss their due
process hearing issue, and the facts that form the basis of the due
process hearing request, and the local educational agency shall be
provided the opportunity to resolve the matter.
   (b) The resolution session described in subdivision (a) is not
required if the parents and the local educational agency agree in
writing to waive the meeting, or agree to use mediation 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, and all of the applicable timelines
for a due process hearing under this chapter shall commence.
   (d) 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 any state court of competent jurisdiction or in
a federal district court of the United States.
   (e) If the parties execute an agreement pursuant to subdivision
(d), a party may void the agreement within three business days of the
agreement's execution.
56502.  (a) All requests for a due process hearing shall be filed
with the Superintendent in accordance with paragraphs (1) and (2) of
subsection (c) of Section 300.507 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 paragraph (3) of subsection (c) of Section 300.507 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 subparagraph (A) of paragraph (7) of
subsection (b) of Section 1415 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
subparagraph (A) of paragraph (7) of subsection (b) of Section 1415
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 subparagraph (A) of paragraph (7) of
subsection (b) of Section 1415 of Title 20 of the United States Code,
and shall immediately notify the parties in writing of the
determination.
   (2) The response to the due process hearing request notice shall
be made within 10 days of receiving the request notice in accordance
with subparagraph (B) of paragraph (2) of subsection (c) of Section
1415 of Title 20 of the United States Code.
   (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 subparagraph (B) of paragraph (1) of subsection (f) of
Section 1415 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
subparagraph (B) of paragraph (1) of subsection (f) of Section 1415
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 education agency and a parent or guardian may, if the party
initiating the hearing so chooses, meet informally to resolve any
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 education agency or his or her designee. Any
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 education agency, the Superintendent or
his or her designee or designees shall immediately 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 subparagraph (B) of paragraph (3) of
subsection (f) of Section 1415 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 the child and to receive copies pursuant to
this section and to Section 49065 within five days after such request
is made by the parent, either orally or in writing.  A public
educational agency may charge no more than the actual cost of
reproducing such records, but if this cost effectively prevents the
parent from exercising the right to receive such 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 300.508 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 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 shall, at a
minimum 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 may not be conducted by any individual
listed in clause (i) of subparagraph (A) of paragraph (3) of
subsection (f) of Section 1415 of Title 20 of the United States Code.
Pursuant to subsection (b) of Section 300.508 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 subsection (a) of Section 300.514 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 300.526
of Title 34 of the Code of Federal Regulations, unless the public
education agency and the parent or guardian agree otherwise. A pupil
applying for initial admission to a public school shall, with the
consent of his or her parent or guardian, be placed in the public
school program until all proceedings have been completed. As provided
in subsection (c) of Section 300.514 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 agency and the parent or
guardian.
   (e) Any 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 paragraph (2)
of subsection (c) of Section 300.509 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
subsection (c) of Section 1417 of Title 20 of the United States Code
and shall also be transmitted to the Advisory Commission on Special
Education pursuant to paragraph (4) of subsection (h) of Section 1415
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 paragraph (3) of subsection (a) of
Section 300.509 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 subparagraph (E) of paragraph (3) of
subsection (f) of Section 1415 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 child's right to a free appropriate public
education.
   (B) Significantly impeded the parents' opportunity to participate
in the decisionmaking process regarding the provision of a free
appropriate public education to the parents' child.
   (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
any 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 within 45 days from the receipt by the Superintendent of
the request for a hearing. 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. Any 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 may 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 may also 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 300.512 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 any 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 education agency and
the parent or guardian of the child agree otherwise. Any action
brought under this subdivision shall adhere to the provisions of
subsection (b) of Section 300.512 of Title 34 of the Code of Federal
Regulations.
   (l) Any request for a due process hearing arising under
subdivision (a) of Section 56501 shall be filed within three years
from the date the party initiating the request knew or had reason to
know of the facts underlying the basis for the request. A party
initiating a request for a due process hearing on and after the
effective date of the act that amends this subdivision in the 2005-06
Regular Session, may file the request within the two-year statute of
limitations provision in subparagraph (B) of paragraph (6) of
subsection (b) of Section 1415 of the United States Code. A party may
file a request within the three-year statute of limitations
provision of this subdivision until October 9, 2006, but shall, in
accordance with Section 56501.5, participate in a mediation
conference which shall be conducted pursuant to this chapter in an
effort to resolve the due process hearing issue. In accordance with
subparagraph (D) of paragraph (3) of subsection (f) of Section 1415
of Title 20 of the United States Code, the time periods described in
this subdivision shall 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 local educational agency's withholding of information from
the parent that was required under this part to be provided to the
parent.
   (m) Pursuant to subsection (c) of Section 300.508 of Title 34 of
the Code of Federal Regulations, each public education 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 education agencies
by the organization or entity under contract with the department to
conduct due process hearings.
   (n) This section shall remain in effect only until October 9,
2006, and as of that date is repealed.
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 shall, at a
minimum, 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 may not be conducted by any individual
listed in clause (i) of subparagraph (A) of paragraph (3) of
subsection (f) of Section 1415 of Title 20 of the United States Code.
Pursuant to subsection (b) of Section 300.508 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 subsection (a) of Section 300.514 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 300.526
of Title 34 of the Code of Federal Regulations, unless the public
education agency and the parent or guardian agree otherwise. A pupil
applying for initial admission to a public school shall, with the
consent of his or her parent or guardian, be placed in the public
school program until all proceedings have been completed. As provided
in subsection (c) of Section 300.514 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 agency and the parent or
guardian.
   (e) Any 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 paragraph (2)
of subsection (c) of Section 300.509 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
subsection (c) of Section 1417 of Title 20 of the United States Code
and shall also be transmitted to the Advisory Commission on Special
Education pursuant to paragraph (4) of subsection (h) of Section 1415
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 paragraph (3) of subsection (a) of
Section 300.509 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 subparagraph (E) of paragraph (3) of
subsection (f) of Section 1415 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 child's right to a free appropriate public
education.
   (B) Significantly impeded the parents' opportunity to participate
in the decisionmaking process regarding the provision of a free
appropriate public education to the parents' child.
   (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
any 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 within 45 days from the receipt by the Superintendent of
the request for a hearing. 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. Any 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 may 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 may also 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 300.512 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 any 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 education agency and
the parent or guardian of the child agree otherwise. Any action
brought under this subdivision shall adhere to the provisions of
subsection (b) of Section 300.512 of Title 34 of the Code of Federal
Regulations.
   (l) Any 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 subparagraph (D) of paragraph (3) of subsection (f) of Section
1415 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 local educational agency's withholding of information from
the parent that was required under this part to be provided to the
parent.
   (m) Pursuant to subsection (c) of Section 300.508 of Title 34 of
the Code of Federal Regulations, each public education 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 education 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 300.19 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 education agency prevails in a due process hearing relating to
the assessment. In accordance with subsection (c) of Section 300.505
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 subsection (n) of Section 1415 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 attorneys' 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 paragraph (3) of subsection (i) of Section
1415 of Title 20 of the United States Code.
   (2) In accordance with paragraph (3) of subsection (i) of Section
1415 of Title 20 of the United States Code, the court, in its
discretion, may award reasonable attorneys' 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 education 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. Nor shall the funds be used to
reimburse parents who prevail and are awarded attorneys' fees,
pursuant to subdivision (b), as part of the judgment. Nothing in this
subdivision shall preclude public education agencies from using
these funds for attorney services related to the establishment of
policy and programs, or responsibilities, under Part B of the
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 education agencies, and others and conduct workshops on
alternative resolutions for resolving differences in a nonadversarial
atmosphere with the mutual goal of providing a free and 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.