BILL NUMBER: AB 164	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Harman

                        JANUARY 31, 2001

   An act to amend Section 56502 of the Education Code, relating to
special education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 164, as introduced, Harman.  Special education: due process
hearings.
   Existing law provides procedural safeguards, including due process
hearings for the resolution of complaints regarding alleged
violations of the Individuals with Disabilities Act.
   This bill would require, at least 30 days prior to filing a
request for a due process hearing with the Superintendent of Public
Instruction, the party initiating the request to prepare and file, by
certified mail, return receipt requested, with the superintendent, a
written notice of intent to file a request for a due process
hearing, as specified.
   The bill would authorize, within 10 business days of receipt of
the notice, the superintendent, at his or her discretion, to contact
the party initiating the request and arrange to meet with the party,
on an informal basis, to make a good faith attempt to resolve the
issues.
   The bill would require preparation and filing of the notice as a
condition precedent to the right of the initiating party to a due
process hearing.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 56502 of the Education Code is amended to read:

   56502.  (a)  (1) At least 30 days prior to filing a request
for a due process hearing with the superintendent, the party
initiating the request shall prepare and file, by certified mail,
return receipt requested, with the superintendent, a written notice
stating all of the following:
   (A) The intention of the initiating party to file a request for a
due process hearing.
   (B) A brief description of the issues in dispute.
   (C) The relief requested.
   (2) Within 10 business days of receipt of the notice prepared and
filed pursuant to paragraph (1), the superintendent may, at his or
her discretion, contact the party initiating the request and arrange
to meet with the party, on an informal basis, to make a good faith
attempt to resolve the issues.
   (3) The preparation and filing of the notice required pursuant to
paragraph (1) shall be a condition precedent to the right of the
initiating party to a due process hearing.  However, technical
deficiencies in the manner of filing shall not deprive the initiating
party of the right to a due process hearing where the superintendent
had actual notice.
   (b)  All requests for a due process hearing shall be filed
with the superintendent.  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
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.  
   (b)  
   (c)  Notwithstanding any procedure set forth in this chapter,
a public education agency and a parent 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.  
   (c)  
   (d)  Upon receipt by the superintendent of a written request
by the parent 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.