Special education: alternative dispute resolution programs.

Existing law prescribes the procedure for filing a complaint with the State Department of Education to allege a violation of state or federal law regarding the provision of special education instruction and services, for conducting a voluntary prehearing mediation conference, and for conducting a due process hearing to resolve the dispute. Existing law declares 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. This bill, subject to an appropriation in the annual Budget Act or other statute, would require the department to establish and administer a statewide program of grant funding to establish alternative dispute resolution programs for special education that include specified components. The bill would require that these funds first be apportioned to special education local plan areas (SELPAs) that received grant funds during the 2009–10 fiscal year for purposes of implementing alternative dispute resolution programs before they are apportioned to SELPAs that did not receive that grant funds during the 2009–10 fiscal year. The bill would require the Superintendent of Public Instruction, by July 1, 2010, to submit to the Legislature a summary report that includes, but is not limited to, specified information and data from SELPAs that received grant funds for purposes of implementing alternative dispute resolution programs.