One option is to file a compliance complaint with the California Department of Education (CDE). The scope of compliance complaints now includes “physical safety concerns interfering with the provision of a FAPE.” [5 C.C.R. Sec. 3201.] See Chapter 6, Information on Due Process/Compliance Procedures. You can also file a compliance complaint if the school district violates any of the state laws regarding emergency behavior interventions. [Cal. Ed. Code Sec. 56523(e); 5 C.C.R. Sec. 3201(b).] See Chapter 8, Information on Discipline of Students with Disabilities.

Another option is to file a Uniform Complaint Procedures, or UCP, complaint with the school district. The scope of the UCP includes allegations of “unlawful discrimination, harassment, intimidation, or bullying” against students with disabilities. [Cal. Ed. Code Sec. 33315(a)(F); 5 C.C.R. Sec. 4630.]

A UCP complaint may be filed directly with the CDE if the complainant request anonymity and “would be in danger of retaliation and would suffer immediate and irreparable harm” if the complainant filed the complaint with the school district. The CDE has discretion to directly intervene and not refer the complaint for a local investigation. [5 C.C.R. Secs. 4611(a) & 4650(a)(2).]