Policy – Category 1000 (Community Relations) BP 1001 – Procedural Safeguards
5.0
California Department of Education (CDE) Complaints The CDE resolves special education complaints. An individual, public agency, or organization may file complaints with the CDE. A complaint is a formal request to the CDE to investigate allegations of noncompliance with special education laws, federal or state. The complaint must include: 1. Statements that the LEA violated special education law within one year prior to the complaint being filed; 2. Facts on which such statements are based; 3. Signature and contact information for the complainant; 4. Child’s name, address, and school if alleging violations that are child specific; and 5. Proposed resolutions. Complaints must be filed within one year of the alleged violation. The CDE conducts and completes an investigation into the allegation within 60 days of receipt of the complaint.
Based on the CDE’s findings, it will prepare a complaint investigation report that provides the allegation summary; general investigative procedures; applicable law and regulations; findings of fact; report conclusions (compliance or noncompliance); and corrective actions and timelines, if applicable. Copies of the investigative report are sent to the complainant, the LEA, and the parent if different from the complainant. 6.0 Due Process Complaint Due process, under the IDEA, is the main course for resolving disputes between parents of children with disabilities and LEAs concerning identification, evaluation, placement, or the provision of FAPE ( Title 34 of the Code of Federal Regulations § 300.511 ). The IDEA requires the opportunity for a parent or a public agency to present a complaint with respect to any matter relating to the identification, evaluation, educational placement, or the provision of FAPE ( Title 34 of the Code of Federal Regulations § 300.507(a) ). A child who has reached the age of majority may file a due process complaint in his/her own name. Under the 2006 regulation at Title 34 of the Code of Federal Regulations § 300.511(e) , a party must file a due process complaint within two years of the date it knew or should have known about the alleged action that forms the basis of the complaint.
BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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