Section 56506 Of Chapter 5. Procedural Safeguards From California Education Code >> Division 4. >> Title 2. >> Part 30. >> Chapter 5.
56506
. 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 34 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 56321 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 34 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 56346 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 20 of the
United States Code.