As Special Education Directors, we often encounter various types of complaints regarding special education services. Two primary types of complaints are compliance complaints and due process complaints. Understanding the difference between these two can help us better navigate and address concerns from parents, educators, and other stakeholders.
What is a Compliance Complaint?
The California Department of Education (CDE) has a statutory obligation under the Individuals with Disabilities Education Act (IDEA) to handle compliance complaints. These are allegations that a school district or educational agency has violated special education laws, whether federal or state. Compliance complaints can be filed by anyone who believes there has been a breach of these laws.
Once a compliance complaint is filed, the CDE is responsible for conducting an investigation. This investigation involves gathering facts, interviewing relevant parties, and reviewing documentation to determine if a violation has occurred. If a violation is found, the CDE will require the school district to take corrective actions to resolve the issue and ensure compliance with the law.
What is a Due Process Complaint?
On the other hand, a due process complaint pertains to specific disagreements about a student's Individualized Education Program (IEP). These complaints can be filed by school districts, parents, or other authorized parties when there is a dispute over the identification, evaluation, placement, or provision of a Free Appropriate Public Education (FAPE) to a student with disabilities.
Due process complaints are managed by the Office of Administrative Hearings (OAH). When a due process complaint is filed, it typically leads to a due process hearing and/or mediation. Mediation is a voluntary process where both parties attempt to resolve the dispute with the help of a neutral mediator. If mediation is unsuccessful, the case proceeds to a due process hearing where an administrative law judge makes a binding decision based on the evidence presented.
Key Differences Between Compliance and Due Process Complaints
- Compliance Complaints: Focus on violations of special education laws (federal or state).
- Due Process Complaints: Address specific disagreements about IEP decisions.
- Compliance Complaints: Result in an investigation by the CDE.
- Due Process Complaints: Can lead to mediation or a due process hearing with the OAH.
In summary, compliance complaints are allegations of special education law violations, while due process complaints are disputes over IEP team decisions. Knowing the distinction between these two types of complaints can help us better support our students, families, and staff in navigating the special education process.
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