BILL NUMBER: AB 164 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
AMENDED IN ASSEMBLY MARCH 15, 2001
INTRODUCED BY Assembly Member Harman
JANUARY 31, 2001
An act to amend Section 56500.3 of the Education Code, relating to
special education.
LEGISLATIVE COUNSEL'S DIGEST
AB 164, as amended, 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. Existing law
also authorizes parties to special education disputes to seek
resolution through mediation prior to filing a request for a due
process hearing.
This bill would authorize the local education agency to establish
procedures to require parents who choose not to use the mediation
process to meet, at a time and location convenient to the parents,
for the purpose of encouraging the use and explaining the benefits of
the mediation process to the parents, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56500.3 of the Education Code is amended to
read:
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 shall
not attend or otherwise participate in the prehearing request
mediation conferences.
(b) Nothing in this part shall 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) The local education agency may, pursuant to subparagraph (B)
of paragraph (2) of subsection (e) of Section 1415 of Title 20 of the
United States Code, establish procedures to require parents who
choose not to use the mediation process to meet, at a time and
location convenient to the parents, for the purpose of encouraging
the use and explaining the benefits of the mediation process to the
parents. The local education agency may not deny or delay a
parent's right to a due process hearing under Section 56501 if the
parent fails to participate in the meeting described in this
subdivision. A meeting pursuant to this subdivision shall be
with a disinterested party who is under contract with either of the
following:
(1) A parent training and information center or community parent
resource center established pursuant to Section 1482 or 1483 of Title
20 of the United States Code.
(2) An appropriate alternative dispute resolution entity.
(e) 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.
(f) 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.
(g) Based upon the mediation conference, the district
superintendent, the county superintendent, or the director of the
public education agency, or his or her designee, may resolve the
issue or issues. However, this resolution shall not conflict with
state or federal law and shall be to the satisfaction of both
parties. A copy of the written resolution shall be mailed to each
party within 10 days following the mediation conference.
(h) 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.
(i) Any mediation conference held pursuant to this section shall
be held at a time and place reasonably convenient to the parent and
pupil.
(j) The mediation conference shall be conducted in accordance with
regulations adopted by the board.
(k) 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.
(l) 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.