1. (a) A parent may request a mediation conference and/or a due process hearing under any of the following circumstances:

   1. (1) A regional center or LEA proposes to initiate or change the identification, evaluation, assessment, placement or provision of appropriate early intervention services;
   2. (2) A regional center or LEA refuses to initiate or change the identification, evaluation, assessment, placement or provision of appropriate early intervention services; or,
2. (b) A parent may also request a mediation conference at any time to resolve disagreements involving any matter related to IDEA, Part C.
3. (c) A regional center or LEA may request a mediation conference or a due process hearing when the parent refuses to consent to all or any part of an evaluation and assessment of the infant or toddler.
4. (d) All requests for a mediation conference and/or due process hearing shall be in writing and filed with the contractor that the Department of Developmental Services uses for mediation and due process hearings. If a parent is unable to make a request for mediation or a due process hearing in writing, the service coordinator shall assist the parent in filing the request.
5. (e) The duration for either a mediation conference or a due process hearing shall not exceed a total thirty days for each process from the receipt of the mediation or due process request to the mailing of the mediation agreement or hearing decision. If a mediation conference is requested at or during the time of a due process hearing the mediation conference resolution shall occur prior to the due process hearing.
6. (f) The location of the mediation and/or due process hearing shall be at a time and place reasonably convenient to the parent.
7. (g) During the pendency of mediation and/or due process hearing procedures, the infant or toddler shall continue to receive the early intervention services listed on the IFSP they are currently receiving. If mediation and/or due process hearing involves the initiation of a service(s) the infant or toddler shall receive those services that are not in dispute.
8. (h) Mediation and due process hearings shall be conducted in English and interpreted in the language of the family's choice or other mode of communication.

Note: Authority cited: Sections 95009 and 95028, Government Code; and Section 4712(k), Welfare and Institutions Code. Reference: Sections 1435(a)(13) and 1439(l), Title 20 United States Code; Sections 303.420 and accompanying notes, 303.421, 303.423 and 303.425, Title 34 Code of Federal Regulations; and Section 95007(g), Government Code.

History

1. New article 4 (sections 52172-52174) and section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.

2. Editorial correction of Note (Register 98, No. 5).

3. New article 4 (sections 52172-52174) and section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.

4. New article 4 (sections 52172-52174) and section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-1-98 order, including amendment of Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).

6. New subsection (b), subsection relettering and amendment of newly designated subsection (e) filed 2-17-2011; operative 3-19-2011 (Register 2011, No. 7).