CDE Complaint and Investigation Procedures

CALIFORNIA DEPARTMENT OF EDUCATION COMPLAINT AND INVESTIGATION PROCEDURES

34 CFR §300.151-153, 34 CFR §300.509, and 20 U.S.C. 1415(b)(8) require state educational agencies such as the California Department of Education (CDE) to:

  • Adopt written procedures for resolving complaints
  • Include remedies for the denial of appropriate services
  • Specify minimum requirements for the state’s complaint procedures
  • Contain procedures for complaints related to due process hearings
  • Include procedures for filing a CDE complaint
  • Specify the timeline for filing a complaint
  • Provide model complaint forms 

A CDE complaint, often referred to as a “state” complaint, is a formal request to the CDE to investigate allegations of noncompliance with federal or state special education laws. It may be filed by either an organization or individual(s). It is the responsibility of the CDE to ensure that LEAs/districts abide by laws pertaining to special education while meeting the educational needs of students with disabilities. A complaint must be filed within one year of the alleged violation (34 CFR §300.151-153). 

For more information regarding state special education complaints, visit the “Complaint Process” section of the California Department of Education website. 

Who May File a Complaint?

Individuals, including parents/guardians, students, teachers, and agency representatives, may file a complaint with CDE. Organizations may file complaints as well. The party filing the complaint must forward a copy of the complaint to the LEA/district or public agency serving the student at the same time the party files the complaint with CDE. [34 CFR §300.153(b) and §300.153(d)]

What are the Required Elements of a Complaint?

According to 34 CFR §300.153(b) and §300.153(d), a complaint must be submitted in writing and include the following:

  • A statement that the LEA/district has violated special education law
  • Facts on which such statements are based
  • Signature and contact information for the complainant
  • Student’s name, address, and school if alleged violations are student specific
  • Proposed resolutions

Where Must a CDE Complaint be Filed?

CDE complaints may be sent by mail or fax to: 

California Department of Education

Special Education Division

Procedural Safeguards Referral Service (PSRS) 

1430 N Street, Suite 2401 Sacramento, CA 95814-5901

Fax: 916-327-3704 (Attn:  Complaint Resolution Unit)

CDE complaints may also be emailed to speceducation@cde.ca.gov. 

The party filing the complaint must also forward a copy of the complaint to the LEA/district [34 CFR §300.153(d)]. 

What are the Elements of a Complaint Investigation?

Once an individual has filed a complaint with the CDE, an investigator will contact the complainant and the LEA/district named in the complaint. The investigator will gather facts about the allegations through interviews and document reviews. Based on the information collected, the investigator will prepare a complaint investigation report which will contain the following:

  • Allegation summary
  • General investigation procedures
  • Applicable law and regulation
  • Finding of facts
  • Report conclusions (compliance or noncompliance)
  • Corrective actions and timelines, if applicable

The CDE will send a copy of the investigation report to the complainant, the LEA/district, and the parent/guardian (if different from the complainant).A complaint investigation is completed within 60 days of receipt of the complaint by CDE. However, the 60-day timeline may be extended under certain circumstances.

What if Noncompliance is Found?

If the complaint investigation yields a finding of noncompliance, the investigation report may include corrective actions, such as requiring an LEA/district to:

  • Convene a new IEP meeting
  • Conduct further assessments
  • Submit plans outlining proposals to correct violations and prevent future ones
  • Initiate personnel training in the area(s) of violation(s)
  • Provide compensatory education or reimbursement
  • Review and revise procedures and practices
  • Participate in monitoring and reporting activities

What if There is Disagreement with the Investigation Findings?

The CDE has an appeal process in which any party involved in the complaint may request reconsideration. To initiate the appeal process, the party in disagreement with the investigation findings shall submit a written reconsideration request to the CDE within 35 calendar days of receiving the investigation report.

What Can an LEA/District Do to Facilitate a Complaint Investigation?

  • Cooperate with any complaint investigation and provide any requested documentation in a timely manner. Failure to respond may result in a finding and remedy in favor of the complainant.
  • Submit all documentation regarding the complaint
  • Offer a resolution session [alternative dispute resolution (ADR)] to resolve concerns that prompted the complaint. This step is voluntary. For more information, please reference the section of this guide titled “Due Process and Mediation.”

Please contact your El Dorado SELPA's program specialist or the CDE for additional information regarding the complaint process and investigation procedures.

Useful Links:

Uniform Complaint Procedures landing page, CDE website: https://www.cde.ca.gov/re/cp/uc/ 

PG guide doc: http://charterselpa.org/wp-content/uploads/2018/01/DUE-PROCESS-AND-MEDIATION-1.pdf 

"Complaint Process” section of the California Department of Education website: https://www.cde.ca.gov/sp/se/qa/cmplntproc.asp