Sec. 3085 - Precedent Decisions

ยง 3085. Precedent Decisions

Notwithstanding Government Code section 11425.10(a)(7) of the APA, orders and decisions rendered in special education due process hearing proceedings may be cited as persuasive but not binding authority by parties and hearing officers in subsequent proceedings.

(1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day. 2. Certificate of Compliance as to 6-23-97 order, including amendment of Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49). 3. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).)

Note: Authority cited: Section 56100, Education Code. Reference: Sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507, Education Code; Section 11425.10, Government Code; 20 U.S.C. Sections 1415(b)(2) and (c); and 34 C.F.R. Sections 300.507,300.508, 300.509, 300.510, 300.511 and 300.512.

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