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(9.8) Do the special education due process and compliance complaint procedures apply to disagreements or problems with CCS?

(9.8) Do the special education due process and compliance complaint procedures apply to disagreements or problems with CCS?

Disagreements between you and CCS concerning your child’s eligibility for the CCS’s services (or the amount or kind of services offered by the CCS), may be resolved through the special education due process system. [Cal. Gov. Code Secs. 7572(c)(3) & 7586(a).] All due process hearing requests shall result in one hearing with all responsible state or local agencies joined as parties. [Cal. Gov. Code Sec. 7586(c).]

For failures of the non-educational agency to comply with interagency regulations or to provide services specified in a student’s IEP, you can use the Compliance Complaint process. [2 C.C.R. Sec. 60560; 5 C.C.R. Sec. 4650(a)(7)(D).] See Chapter 6, Information on Due Process/Compliance Procedures.

In addition, when a service listed in your child’s IEP is not being provided because of a dispute about which agency should provide or pay for the service, you can file a notification of that failure to provide the service with either the Superintendent of Public Instruction or with the Secretary of the Health and Human Services Agency. [Cal. Gov. Code Sec. 7585.]

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

Secretary of the California Health and Human Services Agency
1600 Ninth Street, Room 460
Sacramento, CA 95814

You should give the school district a written notification of a failure to provide services in your child’s IEP.  In your letter, be specific about which service has not been provided to your child.  Enclose a copy of the IEP (or mediation agreement or due process hearing decision) with the notification of failure. When either agency receives the notification, it must transmit it to the other agency and the two must meet within 15 days to resolve the issue. You must receive a written resolution within 10 days of that meeting. If you are not satisfied with that resolution, you can appeal to the Director of the Office of Administrative Hearings (OAH).

If the agencies cannot resolve the issue, they must submit their dispute to the Director of OAH. The Director has 30 days to issue a decision that is binding on all parties. If your child has been receiving services from one of the agencies at the time you file your notification, the services must continue pending resolution of the dispute. [Cal. Gov. Code Sec. 7585; 2 C.C.R. Secs. 60600 & 60610.] The entire process must be completed within 60 days from receipt of notification by either agency. When the service is included in the IEP without the recommendation of the non-educational agency, the dispute is only between you and the school district. The above notification process cannot be used. Instead, you must use the Compliance Complaint process discussed above.