OUR FIRM PROVIDES SUPPORT IN
DUE PROCESS COMPLAINTS
The legal process under the Individuals with Disabilities Education Act (IDEA) used to resolve disputes with your school district about your child's special education needs.
CALIFORNIA COMPLIANCE AND MURPHY COMPLAINTS
Formal requests for the California Department of Education (CDE) to investigate accusations of non-compliance with state or federal special education laws.
OFFICE OF CIVIL RIGHTS COMPLAINTS
An OCR Complaint can be filed when your student is being discriminated against on the basis of race, color, national origin, sex, gender, disability or age.
GOOD TO KNOW
1
DUE PROCESS
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You have the right to an impartial hearing officer and to present evidence at the Due Process Hearing
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The statutory period for a Due Process Complaint is 2 years
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You may be able to extend this statutory period for good cause
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If you are unsuccessful at a Due Process Hearing, you have the right to an appeal
2
Compliance Complaint
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CDE Complaints require a signed written complaint. Your attorney should review your child's education records before drafting a complaint​
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CDE Complaints must be filed within one year of the alleged violation
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Investigations are usually completed within 60 days
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You have the right to request an appeal from the CDE within 35 days from the decision if you feel the investigator was mistaken in his/her decision.
3
OFFICE OF CIVIL RIGHTS COMPLAIN
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The Office of Civil Rights enforces several Federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Dept of Education.​
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These complaints must be filed be filed within 180 days of the act of discrimination at issue​, but you may be able to waive this period for just cause
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If you decide to utilize your school's internal grievance policy prior to contacting OCR, you have 60 days to present your claim to OCR. OCR's first step will be to determine whether to defer to the result reached in the other process
