As of July 1, 2020, special education compliance complaints are no longer within the scope of the Uniform Complaint Procedures, or UCP. Special education compliance complaints have their own regulations that now appear at 5 C.C.R. sections 3200 through 3205.
Under the new regulations, you can file a compliance complaint directly with the CDE in any of the following situations:
- A violation of federal or state special education laws.
- An LEA or other public agency has violated the terms of a settlement agreement relating to the provision of a free, appropriate public education. [This does not include allegations relating to an attorney fees provision in a settlement agreement.]
- The LEA or other public agency has failed or refused to implement a due process hearing order to which that LEA or other public agency is subject.
- The complainant alleges that a public agency, other than an LEA, as specified in Cal. Gov. Code Sec. 7570 [commonly referred to as “AB 3632” or “Chapter 26.5.”] fails or refuses to comply with a law or regulation applicable to that public agency as it pertains or relates to the provision of a free appropriate public education to individuals with disabilities.
The complainant alleges facts that indicate that physical safety concerns interfere with the provision of a free appropriate public education. [5 C.C.R. Sec. 3201(a)-(c).] If the facts of your situation fit into any one or more of the five situations described above, you should specifically request that the CDE investigate your complaint. See Sample Letter– Compliance Complaint, Appendices Section – Appendix I. You should identify the situations outlined above that most resemble your situation. You should mention the specific situation in your complaint letter. Since numbers (1) through (5) cover most of the situations that can lead to filing a compliance complaint, you should be able to identify a subsection that fits your situation.
Outline the reasons for your request in your complaint letter. Your reasons may not conform exactly to the criteria stated above. However, this should not prevent you from at least making the request. The CDE will determine whether to accept your complaint for direct state investigation or to refer your complaint for a local investigation by your district.