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Legal Resources | Title 5 |  T5  18120  

Clients Request for a Hearing; Rules and Procedures.   

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(a) If the parent disagrees with an action, the parent(s) may file a request for a hearing with the contractor within fourteen (14) calendar days of the date the Notice of Action was received.

(b) Upon the filing of a request for hearing, the intended action shall be suspended until the review process has been completed. The review process is complete when the appeal process has been exhausted or when the parent(s) abandons the appeal process.

(c) Within ten (10) calendar days following the receipt of the request for a hearing, the contractor shall notify the parent(s) of the time and place of the hearing. The time and place of the hearing shall, to the extent possible, be convenient for the parent(s).

(d) The hearing shall be conducted by an administrative staff person who shall be referred to as "the hearing officer." The hearing officer shall be at a staff level higher in authority than the staff person who made the contested decision.

(e) The parent(s) or parent's authorized representative is required to attend the hearing. If the parent or the parent's authorized representative fails to appear at the hearing, the parent will be deemed to have abandoned his or her appeal.

(f) Only persons directly affected by the hearing shall be allowed to attend.

(g) The contractor shall arrange for the presence of an interpreter at the hearing, if one is requested by the parent(s).

(h) The hearing officer shall explain to the parent(s) the legal, regulatory, or policy basis for the intended action.

(i) During the hearing, the parent(s) shall have an opportunity to explain the reason(s) they believe the contractor's decision was incorrect. The contractor's staff shall present any material facts omitted by the parent(s).

(j) The hearing officer shall mail or deliver to the parent(s) a written decision within ten (10) calendar days after the hearing.

Authority and Reference Cited:

Education Code 8261

(Added by Register 88, No. 50.)