Sample Letter - Compliance Complaint

Ms. Jane Advocate
Address
City, CA Zip
Telephone Number

Date

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,

Jane Advocate

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).