Sample Letter - Compliance Complaint
Ms. Jane Advocate
City, CA Zip
Complaint Management and Mediation Unit
Special Education Division
California State Department of Education
515 L Street, Suite 270
Sacramento, CA 95814
Dear Sir or Madam:
This is a special education compliance complaint. [5 C.C.R. Sec. 4600
and following.] I feel that Local Unified School District (LUSD) is out
of compliance with federal and state special education laws.
My child's name is John, and he is seven years old. He is developmentally
delayed and has a physical disability, which requires him to use crutches.
I had the following problems with my school district:
NOTE: Pick the problems that apply to your child's situation.Describe
the situation fully and include the part of the law that has been violated.
If you do not know the law that has been violated, the Compliance Unit
should match the correct law to your situation.
(1) I never consented to psychological assessments done by the district
on January 21, 1986. (Failure to get written parental consent for assessment,
Cal. Ed. Code Sec. 56321.)
(2) When I asked the district for a copy of the tests done by the psychologist,
they refused to give me a copy. (Failure to provide parent with requested
records, Cal. Ed. Code Sec. 56504; 34 C.F.R. Sec. 300.502.)
(3) At the February 8, 1986, IEP meeting, LUSD refused to write down in
the IEP the need for, and frequency and duration of, physical therapy
services (related services). (Failure to provide frequency and duration
of related service, 5 C.C.R. Sec. 3051; 34 C.F.R. Sec. 300 - 346.)
(4) John's IEP states that he will have lunch and music class with nondisabled
students, but the district has not provided these opportunities. (Failure
to implement the IEP, Cal. Ed. Code Sec. 56345; failure to provide least
restric-tive environment, Cal. Ed. Code Sec. 56364; 34 C.F.R. Sec. 300.550-553.)
(5) John's IEP states that he is to receive speech therapy twice a week
for 30 minutes but LUSD says they do not have a therapist available. (Failure
to implement the IEP, Cal. Ed. Code Sec. 56345.)
In order to resolve this complaint, I am asking for the following remedies:
(1) Allow me access to my child's records;
(2) Get my consent before future assessments;
(3) Order the district to allow John to have lunch and music class with
nondisabled students as per his IEP;
(4) Modify the IEP to state that physical therapy three times per week,
30 minutes per week must be provided; and,
(5) Immediately begin the twice weekly speech therapy sessions specified
in John's IEP.
I have enclosed a copy of my child's IEP and a letter to the district
asking for a copy of the psychologist's report.
Because my complaint involves a matter which calls for direct State Department
of Education intervention pursuant to Title 5 Cal. Code of Regulations
Section 4650(a)(viii)(C) [if it involves immediate physical danger or
threat to children], (D) [if it involves nonimplementation of a student's
IEP], or (E) [if it involves a violation of federal special education
statute or regulation], I have not filed with the local education agency.
Rather, I request direct state intervention in this matter.
I ask for immediate investigation and resolution, as my child cannot afford
to wait for these services. Thank you for your assistance.
Very truly yours,
NOTE: If you have not heard from the Compliance Unit within
10 days after you mail your complaint, we recommend that you call to follow
up at (916) 445-4632 (direct).