Under existing law, the Individuals with Disabilities Education Act (IDEA) provides for an impartial due process hearing following an allegation that a local board of education has violated the IDEA as it relates to the education provided to a child with a disability. This bill would require a person with an allegation to notify the State Department of Education of the allegation before formally requesting an impartial due process hearing and, following the notification, would provide certain procedures to attempt to resolve the resolution, including a response from the local board of education and, in some cases, an investigation by the department. This bill would require the department to offer voluntary mediation to resolve the allegation at no cost to the person who filed the allegation or the parent of the child who is the subject of the allegation. This bill would provide for the possible initiation of an impartial due process hearing if attempts to resolve the allegation through notification and voluntary mediation are unsuccessful. This bill would provide for the calculation of attorney fees for an action or proceeding under the due process hearing provisions of the IDEA. This bill would also require the State Board of Education to adopt rules.

Statutes affected:
Introduced: 16-39-50, 16-39-50