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Legal Resources | Title 5 |  T5  3083  

Procedural Safeguards. Service Notice   

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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.

Authority cited:

Education Code 56100

Reference:

Education Code 56500

Education Code 56501

Education Code 56502

Education Code 56503

Education Code 56504

Education Code 56505

Education Code 56506

Education Code 56507

Government Code 11440.20

20 U.S.C. 1415(b)(2)(c)

34 C.F.R. 300.507

34 C.F.R. 300.508

34 C.F.R. 300.509

34 C.F.R. 300.510

34 C.F.R. 300.511

34 C.F.R. 300.512.

(Amended by Register 2014, No. 19.)