Procedural Safeguards
Cal. EDC § 56506
California Statutes
In addition to the due process hearing rights enumerated in subdivision (
b) of
Section 56501, the following due process rights extend to the pupil and the parent: (
a) Written notice to the parent of his or her rights in language easily understood by the general public and in the native language of the parent, as defined in
Section 300.29 of Title of the Code of Federal Regulations, or other mode of communication used by the parent, unless to do so is clearly not feasible. The written notice of rights shall include, but not be limited to, those prescribed by
Section 56341. (
b) The right to initiate a referral of a child for special education services pursuant to
Section 56303. (
c) The right to obtain an independent educational assessment pursuant to subdivision (
b) or (
c) of
Section 56329. (
d) The right to participate in the development of the individualized education program and to be informed of the availability under state and federal law of free appropriate public education and of all available alternative programs, both public and nonpublic. (
e) Written parental consent pursuant to
Section shall be obtained before any assessment of the pupil is conducted, unless the public agency prevails in a due process hearing relating to the assessment. In accordance with
Section 300.300(c)(2) of Title of the Code of Federal Regulations, informed parental consent need not be obtained in the case of a reassessment of the pupil if the local educational agency can demonstrate that it has taken reasonable measures to obtain consent and the pupil’s parent has failed to respond. (
f) Written parental consent pursuant to
Section shall be obtained before the pupil is placed in a special education program. (
g) A parent of an individual with exceptional needs may elect to receive notices required under this
chapter by an electronic mail communication, if the local educational agency makes that option available, in accordance with
Section 1415(
n) of Title of the United States Code.