City, CA Zip
Complaint Management and Mediation Unit
Special Education Division
California State Department of Education
1430 N Street
Sacramento, CA 95814
Dear Sir or Madam:
This is a special education compliance complaint. [5 C.C.R. Secs. 4600 and following.] I feel that Local Unified School District (LUSD) is not complying with federal and state special education laws.
My child’s name is Amir, he is seven years old, and attends the César Chávez Elementary School. He has a developmental disability and has a physical disability as well, which requires him to use a mobility aid. I had the following problems with my District:
NOTE: Pick the problems that apply to your child’s situation. If you have a
different problem from those listed, describe the situation fully and include the part of the law that has been violated. Even if you do not know the law that has been violated, the CDE should match the correct law to your situation.
(1) I never consented to psychological assessments done by the District. (Failure to get written parental consent for assessment, 34 C.F.R. Sec. 300.300, Cal. Ed. Code Sec. 56321(c).)
(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, 34 C.F.R. Sec. 300.501; Cal. Ed. Code Sec. 56504.)
(3) At our recent IEP meeting, LUSD refused to write down in the IEP the need for, and frequency and duration of, physical therapy services (related services) even though the team agreed these services were needed. (Failure to provide frequency and duration of related service, 34 C.F.R. Sec. 300.320(a)(7); Cal. Ed. Code Sec. 56345(a)(7).
(4) Amir’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, 5 C.C.R. Sec. 4650(a)(7)(D); Failure to provide least restrictive environment; 34 C.F.R. Sec. 300.114-117.
(5) Amir’s IEP states that he is to receive speech therapy twice a week for 30 minutes, but LUSD says they do not have a speech therapist available. (Failure to provide free, appropriate public education (FAPE), 20 U.S.C. Sec. 1412(a)(1)(A); Failure to implement the IEP; 5 C.C.R. Sec. 4650(a)(7)(D).
(6) I believe Amir is in immediate physical danger [or that] his health, safety, and welfare is threatened because [explain the reasons for this belief]. (The CDE must investigate complaints of immediate physical danger or threats to students’ health, safety, or welfare, 5 C.C.R. Sec. 4650(a)(7)(C).)
In order to resolve this complaint, I am asking for the following remedies:
(1) Order the District to allow me access to my child’s records;
(2) Order the District to get my consent before future assessments;
(3) Order the District to allow Amir to have lunch and music class with nondisabled students as per his IEP;
(4) Order the District to modify the IEP to state that physical therapy three times per week, 30 minutes per week must be provided;
(5) Order the District to immediately begin the twice weekly speech therapy sessions specified in Amir’s IEP.
(6) Order the District to arrange to provide make up speech therapy sessions for all sessions my son missed while the speech therapist was unavailable;
(7) Investigate the dangerous situation and the health, safety, and welfare threats described in this letter and order the School District to take all necessary steps to ensure a safe and healthy educational environment is restored and maintained.
I have enclosed a copy of my child’s IEP and a letter to the District asking for ______________(whatever you have written to the School District about and asked them to address before you filed this Complaint).
Because my Complaint involves a matter which calls for direct State Department of Education intervention pursuant to Title 5 of the California Code of Regulations Sec. 4650(a)(7), I have not filed a formal Complaint with the Local District. 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,