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Legal Resources | Title 5 |    3091  

Mediation and Due Process Hearing Manual.   

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(a) The contractor or agency shall maintain and make available to interested parties a manual that describes the procedures of mediation and due process hearings.

(b) Said manual shall provide, at minimum, detailed guidance for parents and LEAs as follows:

(1) How to file a due process complaint, including a model form to assist parents and guardians in filing a request for due process;

(2) A description of the mediation process;

(3) A description of the due process hearing process;

(4) How to prepare for and participate in mediation;

(5) How to prepare for a due process hearing;

(6) How to properly communicate with the mediator, hearing officer, and other parties;

(7) How to compel attendance of witnesses;

(8) How to compel production of documents;

(9) How to properly present evidence;

(10) How to file and serve pre-hearing motions;

(11) How to research and locate special education decisions issued by the contractor or agency; and

(12) How to access all applicable statutes and regulations related to the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)(20 U.S.C. Sections 1400-1482).

(c) The contractor or agency shall prepare said manual in English and, at minimum, the five foreign languages most commonly spoken in California schools as identified annually by the CDE.

Authority cited:

Education Code 56504.5

Reference:

Education Code 56504.5

(Amended by Register 2012, No. 39.)