6159.1 - Complaints of Special Education Student IEP Due Process Violation

In general, an allegation of failure to comply with state or federal regulations in any categorical program including special education should be processed under Uniform Complaint Procedures (1312.3).

Special education complaints regarding alleged violation(s) of state or federal laws or regulations that are not resolved within the Uniform Complaint Procedures should be filed through California Department of Education, Special Education Compliance Division.

A parent or a public agency may initiate a hearing or prehearing mediation on any of the matters described in the Title 34, Code of Federal Regulations, Section 300.507, and California Education Code, Section 56501, relating to the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education (FAPE) to the child.

Approved: May 10, 1994
Revised: June 19, 2001