California Education Code

§ 56500.3

EDC § 56500.3 Effective Oct 10, 2007Div. 4 · Title 2 · Part 30 · Ch. 5

Statute text

(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 may not attend or otherwise participate in the prehearing request mediation conferences.

(b)This part does not preclude the parent or the public 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.

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Legislative history

Amended by Stats. 2007, Ch. 454, Sec. 28. Effective October 10, 2007.