Compliance Complaints
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How and Why to File a Compliance Complaint
A parent may file a compliance complaint if they believe the school district has violated a part of the special education law.
Examples include:
- Refusing to refer or assess a child for special education
- Not informing parents of an IEP meeting
- Failing to put in place a due process decision
- Failure to implement the IEP
This type of complaint is not to be used to address disagreements about what a child’s education program should include, which is addressed by due process, but rather to address failures by the school district to follow the rules or do what has been agreed to in writing in the IEP, a mediation agreement or a due process hearing decision.
A compliance complaint is filed in writing with the superintendent of schools or director of special education in the child’s school district. The school district then has 60 days to complete its investigation.
In most circumstances, parents may request that the State Department of Education, rather than the local education agency, investigate the compliance complaint. In this case, parents should send the complaint directly to the California Department of Education Complaint Resolution Unit with a copy to the school district.
Learn more about the California Department of Education Special Education Complaint Process >