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(6.18) Would I follow different complaint procedures if CCS (California Children’s Services) fails to provide services as specified in my child’s IEP?

(6.18) Would I follow different complaint procedures if CCS (California Children’s Services) fails to provide services as specified in my child’s IEP?

If your complaint is about services provided by CCS, you can file a complaint for direct state intervention, as described above, or under the inter-agency dispute resolution procedures. Filing complaints under both processes may bring a quicker resolution. The inter-agency complaint may be filed with either the Superintendent of Public Instruction (Superintendent) or the Secretary of Health and Human Services (Secretary). [California Government Code (Cal. Gov. Code) Sec. 7585(a).]

Secretary of Health and Human Services
1600 Ninth St., 4th Floor
Sacramento, CA 95814

Superintendent of Public Instruction California Department of Education
1430 N Street
Sacramento, CA 95814

Before reviewing your complaint, the agencies involved will want to see a copy of your child’s IEP. You should send a copy of it with your complaint.

The Superintendent and the Secretary must meet to resolve the issue within 15 calendar days of receiving the complaint. They must mail a written copy of the meeting resolution to you, to the local school district, and to the affected agencies, within 10 days of the meeting. [Cal. Gov. Code Sec. 7585(b).]

If the agencies cannot resolve the issue within 15 days, the complaint can be appealed to the Office of Administrative Hearings (“OAH” or “hearing office”). The OAH will review the issue and submit findings within 30 days of receipt of the case. The OAH decision is binding on all parties to the dispute. [Cal. Gov. Code Secs. 7585(c)–(e).]

When a complaint is filed pursuant to Section 7585(a), the student affected by the dispute must receive the service pending resolution of the dispute if the student had been receiving it. [Cal. Gov. Code Sec. 7585(f).]