Uniform Complaint Procedures are procedures used to resolve complaints regarding violations of special education law. There are procedures for local complaints, which are filed with the District, and procedures for State complaints, which are filed with the California Department of Education.

Complaints must be made within six (6) months of the alleged violation. Once your complaint is received, the District has sixty (60) days to investigate and resolve the complaint, unless you agree to an extension of time.

If you disagree with the resolution of the complaint you may appeal the decision, within fifteen (15) days of receiving the District’s written decision, to the California Department of Education or seek civil law remedies. If the complaint involved disability-based discrimination, it may be appealed to the District’s Educational Equity Compliance Office. All appeals must include a copy of the original complaint and the District’s decision.

State Complaints

Instead of a local complaint, you can file a complaint directly with the California Department of Education (CDE). The CDE will intervene if your complaint states that:

• there has been a violation of the Federal law governing special education;

• your child is not receiving services as stated in his or her IEP;

• your child or a group of children are in immediate physical danger or that their health, safety, or welfare is threatened;

• the District fails or refuses to comply with Federal and State due process procedures or to implement a due process hearing order;

• a public agency, other than the District, fails or refuses to comply with a law or regulation relating to the provision of special education services; or

• the District has failed to follow local complaint procedures.

You can send your written and signed complaint to:

Procedural Safeguards Referral Service

Special Education Division

California Department of Education

1430 N. Street, Suite 2401

Sacramento, CA 95814

Once your complaint is received, the CDE will investigate the complaint and provide you with a written decision within sixty (60) days, unless circumstances allow for an extension. An alternative to waiting sixty (60) days for a written decision from the CDE is to voluntarily engage in the District’s Alternative Dispute Resolution (ADR) process, which is supported and recognized by the CDE. The goal of the ADR process is to resolve the complaint in an expedited manner.

Within thirty (30) days of the resolution of your complaint, the CDE will contact you to confirm the successful resolution of your complaint. If you are dissatisfied with the resolution, you may appeal to the United States Department of Education.

If you need additional information regarding filing a complaint with the CDE, you may call the CDE Quality Assurance Unit at (800) 926-0648.