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Has anyone had to experience having to file a State Complaince Compliant?

Michelle - posted on 03/26/2011 ( 3 moms have responded )

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I am having some issues with my school district. I believe that the school district has violated federal or state special education laws or regulations. I just wanted to know how fast it will take once you start the process? Is there someone like my son's Care Coordinator who is suppose to start the process or is it the parent? Part of my situation not only is happening with the actual school but with also the Director of Special Education for my School District. So if I am suppose to go to the Director when it's just the school then who do I go to when it's also the Director? I hope someone out ther can help me I am so frustrated with what is going on. it's to long of a story but if some has legal advice and needs the story to help me I will tell it to you. Thanks Michelle from Ca.

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Michelle - posted on 03/28/2011

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Thank you for the replies they are really helping me.

Katherine - posted on 03/28/2011

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You may send your complaint in writing to:



California Department of Education (CDE)

Special Education Division (SED)

Procedural Safeguards Referral Service 1430 N Street, Suite 2401

Sacramento, CA 95814-5901



When filing a complaint, you must forward a copy of the complaint to the public education agency at the same time you file a compliance complaint with the CDE





http://www.cde.ca.gov/sp/se/qa/





Hope this helps.

Mary - posted on 03/27/2011

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I had problems10 years ago with my school district with my olderst son when he was 12. He needed sp. ed. services and from kindergarten to 7th grade he did not get it even with teacher referrals. I filed a state complaint, cc it to the director of sp. ed as well as the superintendant of the school district. I was Lucky enough that someone on the school board listened to me. (this was After my son got caught in the all infamous "no tolerance policy" for speaking before thinking. I had to take the district to court at the same time. The long and short of it is that is was Proven that thinking before speaking was a disability, the teasing he was getting at school, as well as that the school was refusing to classify him resulted in a decision that he "could no longer be education within this school district" as stated by the judge. I was faced with the decision of not suing the school district IF we allowed them to send him to out of district placement. Otherwise, they could hold him in district for another 2 years with appeals. Obviously we did what was best for our son and got him out, forgoing the option to have them rectify for damages done to our son during those past years.
After the court, we received a letter from the state saying that the district was Not in violation of my son's rights.
I dont know if this helps or not. I did file with the state, ended up in court, got him out of district at the expense of making them give restitution to my son, and the state cleared the district. Thanks Mary from NJ

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