California Code of Regulations
Title 2 - Administration
Division 9 - Joint Regulations for Pupils with Disabilities
Chapter 1 - Interagency Responsibilities for Providing Services to Pupils with Disabilities
Article 9 - Interagency Dispute Resolution
Section 60600 - Application of Procedures
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The procedures of this article apply as specified in Government Code 7585, when there is a dispute between or among the California Department of Education or a LEA or both and any agency included in Sections 7575 of the Government Code over the provision of related services, when such services are contained in the IEP of a pupil with a disability. This article also applies when the responsibility for providing services, ordered by a hearing officer or agreed to through mediation pursuant to Sections 56503 and 56505 of the Education Code, is in dispute among or between the public agencies.
(b) A dispute over the provision of services means a dispute over which agency is to deliver or to pay for the services when the service is contained in the IEP, mediation agreement, or due process hearing decision. The IEP of a pupil with a disability, and, when appropriate, a copy of the mediation agreement negotiated through the mediator or decision of the hearing officer shall accompany the request for a state interagency dispute resolution.
(c) As specified in Section 7585 of the Government Code, when a service has been included in an IEP by an IEP team without the recommendation of the qualified professional in accordance with Section 7572 of the Government Code, the LEA shall be solely responsible for the provision of the service. In such circumstances, the dispute, if any, is between the parent and the LEA and shall be resolved pursuant to Title 5 of the California Code of Regulations.
1. New section
refiled 5-1-87 as an emergency; designated effective 5-1-87 (Register 87, No. 30). A
Certificate of Compliance must be transmitted to OAL within 120 days or emergency
language will be repealed on 8-31-87.
2. Division 9 (Chapter 1, Articles
1-9, Sections 60000-60610, not consecutive) shall not
be subject to automatic repeal until the final regulations take effect on or before
June 30, 1988 pursuant to Item 4440-131-001(b)(2), Chapter 135, Statutes of 1987
(Register 87, No. 46).
3. Division 9 (Chapter 1, Articles 1-9, Sections
60000-60610, not consecutive) shall not
be subject to automatic repeal until the final regulations take effect on or before
June 30, 1997, pursuant to Government Code section
7587, as
amended by Stats. 1996, c. 654 (A.B. 2726, §
4.) (Register 98, No. 26).
4.
Division 9 (Chapter 1, Articles 1-9, Sections
60000-60610, not consecutive) repealed
June 30, 1997, by operation of Government Code section
7587, as
amended by Stats. 1996, c. 654 (A.B. 2726, §
4.) (Register 98, No. 26).
5.
New article 9 (sections
60600-60610) and section filed 6-26-98
as an emergency; operative 7-1-98 (Register 98, No. 26). A Certificate of Compliance
mustbe transmitted to OAL by 10-29-98 or emergency language will be repealed by
operation of law on the following day.
6. Editorial correction restoring
prior HISTORIES 1-2, adding new HISTORIES 3-4, and renumbering and amending existing
HISTORY 1 to new HISTORY 5 (Register 98, No. 44).
7. New article 9
(sections 60600-60610) and section refiled
10-26-98 as an emergency; operative 10-29-98 (Register 98, No. 44). A Certificate of
Compliance must be transmitted to OAL by 2-26-99 or emergency language will be
repealed by operation of law on the following day.
8. New article 9
(sections 60600-60610) and section refiled 2-25-99
as an emergency; operative 2-26-99 (Register 99, No. 9). A Certificate of Compliance
must be transmitted to OAL by 6-28-99 or emergency language will be repealed by
operation of law on the following day.
9. Certificate of Compliance as to
2-25-99 order, including amendment of subsection (b), transmitted to OAL 6-25-99 and
filed 8-9-99 (Register 99, No. 33).
10. Change without regulatory effect
amending subsection (a) and NOTE filed 8-30-2012 pursuant to section
100, title 1, California Code of
Regulations (Register 2012, No. 35).
Note: Authority cited: Section 7587, Government Code. Reference: Sections 7572 and 7585, Government Code; and Sections 56503 and 56505, Education Code.
