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The California Department of Education, Special Education Division,
responds to complaints as quickly as possible in order to make
sure that the needs of special education students are met. Following
the suggestions listed below will help expedite the investigation
process. The examples pertain to only the most common allegations.
You have the right to file a complaint about any special education
laws and regulations that may have been violated.
- Be sure to sign your request for a complaint investigation.
- If your complaint alleges failure to implement an individualized
education program (IEP), attach a copy of the IEP in question.
Also, indicate what part of the IEP was not implemented, and include
the date(s) the IEP was not implemented.
Example: “The IEP dated April 8, 2006 says that my child
is supposed to receive speech therapy three time per week, but
the XXX School District did not provide any speech therapy between
September 11, 2006 and October 14, 2006. A copy of the IEP is
attached.”
- If your complaint involves a request for special education
testing, attach a copy of the written request.
If you don’t have a copy, indicate that on the complaint
form. Include the date(s) you requested
testing.
Example: “I asked for special education testing on September
2, 2006. It’s been more than 15 days and I still haven’t
received a proposed assessment plan from XXX School District.
A copy of my request is attached.”
- If your complaint alleges that the an IEP team meeting has
not been held within required timelines, attach a copy of the
signed assessment plan or a copy of your written request for
an IEP team meeting, whichever one applies. If you do not
have a copy of the document involved, indicate that on the complaint
form. Include the date you signed the assessment
plan or the date you asked for an IEP team meeting.
Example: “On October 8, 2006, I asked for an IEP team
meeting. It’s been more than 30 days now and the XXX School
District still hasn’t held a meeting. A copy of my written
request is attached.” Note: If you are alleging that a
review of your child’s IEP was not held within one year
of the last IEP team meeting, or that a triennial review was
not held within three years, attach a copy of the last signed
IEP and include the date a meeting should have been
held.
- If your complaint involves a request for copies of your child’s
school records, attach a copy of your written request. If you
do not have a copy of the request, or if you asked verbally
and there is nothing in writing, indicate that on the complaint
form. Include the date(s) you asked for
the records.
Example: “I asked for a copy of my child’s school
records on November 10, 2006. It’s been more than five
days and the XXX School District has not given me the copies.
A copy of my request is attached.”
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