BILL ANALYSIS
AB 164
Page 1
ASSEMBLY THIRD READING
AB 164 (Harman)
As Amended April 30, 2001
Majority vote
EDUCATION 11-0
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|Ayes:|Strom-Martin, Leach, | | |
| |Alquist, Calderon, | | |
| |Correa, Goldberg, Liu, | | |
| |Pavley, Reyes, Wyland, | | |
| |Zettel | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Allows local education agencies (LEAs) to establish
procedures, as specified, to require parents involved in special
education disputes 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. Specifically, this
bill :
1)Requires that the meeting must be with a disinterested party
who is under contract with either of the following:
a) A parent training and information center or community
parent resource center established as specified; or,
b) An appropriate alternative dispute resolution entity.
2)Specifies that LEAs may not deny or delay a parent's right to
a due process hearing if the parent fails to participate in
the specified meeting.
EXISTING LAW :
1)Authorizes the parent and the public education agency involved
in a special education dispute to initiate due process hearing
procedures under any of the following circumstances:
a) 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
AB 164
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education to the child;
b) 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; or,
c) The parent refuses to consent to an assessment of the
child.
2)Provides that the due process hearing rights include, but are
not limited to, all of the following:
a) The right to a mediation conference, as specified;
b) The right to request a mediation conference at any point
during the hearing process, as specified;
c) The right to examine pupil records, as specified; and,
d) 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 State Department of
Education.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, current law does not require
individuals to notify a school that they have filed for a due
process hearing, leaving the school with no opportunity to
satisfy the request for service prior to incurring the expense
of the hearing. In utilizing the mediation option, the
California Speech/Language Hearing Association contends that the
meetings, paperwork and stress associated with due process
hearings that place an unreasonable burden on speech-language
pathologists and ultimately take time away from their work with
students, could be eliminated.
Though federal law does not place any limits similar to those
proposed in this bill as a condition for initiating due process,
it appears that the additional meeting requirement would not be
in conflict with federal due process law and therefore, should
not affect federal funding.
AB 164
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Analysis Prepared by : Mavonne Garrity / ED. / (916) 319-2087
FN: 0000513