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(6.5) When should I file a compliance complaint directly with the CDE?

(6.5) When should I file a compliance complaint directly with the CDE?

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Special Education Compliance Complaints 

As of July 1, 2020, special education compliance complaints are no longer handled under the Uniform Complaint Procedures (UCP). Instead, special education compliance complaints have their own regulations, which are now found in Cal. Code Regs. tit. 5, §§ 3200–3205. 

Under these regulations, you may file a compliance complaint directly with the California Department of Education (CDE) in any of the following circumstances: 

  1. Violation of Federal or State Special Education Laws: When an LEA (Local Educational Agency) or other public agency is alleged to have violated special education laws. 
  2. Settlement Agreement Violation: When an LEA or public agency has violated the terms of a settlement agreement related to the provision of a free appropriate public education (FAPE). This does not include allegations regarding attorney’s fees provisions in a settlement agreement. 
  3. Failure to Implement a Due Process Hearing Order: When an LEA or other public agency has failed or refused to comply with a due process hearing order that it is obligated to follow. 
  4. Violation by Non-LEA Public Agency: When a public agency other than an LEA, as specified in Cal. Gov. Code § 7570 (often referred to as “AB 3632” or “Chapter 26.5”), fails or refuses to comply with laws or regulations related to the provision of FAPE to individuals with disabilities. 
  5. Physical Safety Concerns Interfering with FAPE: When there are alleged facts indicating that physical safety concerns interfere with the provision of FAPE.[1]

If your situation fits any of the five scenarios described above, you should specifically request that the CDE investigate your complaint. In your complaint letter, reference the specific situation that best matches your complaint. Since these five categories cover most compliance complaint circumstances, you should be able to identify a relevant subsection. Even if your reasons do not precisely match the criteria above, you may still submit a complaint. The CDE will decide whether to accept the complaint for direct state investigation or to refer it for a local investigation by the district. See Sample Letter- Compliance Complaint, Appendices Section – Appendix I.

  1. Cal. Code Regs. tit. 5, § 3201(a)-(c).[↩]