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(I) Sample Letter – Compliance Complaint

(I) Sample Letter – Compliance Complaint

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Yasmine Alghazi
Address
City, CA Zip
Telephone Number

Date

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.[1] I believe that (insert child’s school district) is not complying with federal and state special education laws.

Choose one of the following: 

  1. Local Unified School District or Public Entity (insert child’s School District or Public Entity) is not complying with federal and state special education laws. 
  2. Local Unified School District or Public Entity (insert child’s School District or Public Entity) is not complying with the terms of a settlement agreement relating to the provision of a free and appropriate public education (FAPE) to my child. 
  3. Local Unified School District or Public Entity (insert child’s School District or Public Entity) is not implementing a due process order relating to my child. 
  4. Non-educational public entity (insert the name of the Public Entity) is not complying with the laws applicable to the entity relating to its FAPE obligations to provide occupational therapy or physical therapy to my child. 
  5. Physical safety concerns interfere with the provisions of FAPE to my child.    

My child’s name is [NAME], they are [AGE] years old, and attend [SCHOOL].  My child is diagnosed with [DISABILITIES]. 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/guardian/other education rights holder 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. My child’s IEP states that they 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. 3201(a); Failure to provide least restrictive environment; 34 C.F.R. Sec. 300.114-117.)
  5. My child’s IEP states that they are to receive speech therapy twice a week for 30 minutes in person, but LUSD says they will provide speech teletherapy only because 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 physical safety concerns exist that interfere with my child’s receipt of FAPE because [explain the reasons for this belief]. (The CDE must investigate complaints of physical safety concerns that interfere with a child’s receipt of FAPE. 5 C.C.R Sec. 3201.) 

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 my child to have lunch and music class with nondisabled students as per their 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 in person specified in my child’s IEP.
  6. Order the District to arrange to provide make up speech therapy sessions for all sessions my child missed while the speech therapist was unavailable.
  7. Investigate the physical safety concerns described in this letter and order the 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).

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,
Yasmine Alghazi

  1. 5 C.C.R. Secs. 3200 and following.[↩]