Holloway & Kimberlin, LLP is committed to helping families address their children’s educational needs at no cost to families.

 

We assist families with Due Process Complaints, California Compliance Complaints, Murphy Complaints and Office of Civil Rights Complaints. If your child is in need of more assistance in their current school setting, please do not hesitate to contact Holloway & Kimberlin, LLP.

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What is Due Process?

The Individuals with Disabilities Education Act (IDEA) proscribes a formal legal process used  to resolve disputes with a school district about your child's special education needs called Due Process. You have the right to an impartial hearing officer and to present evidence and witnesses at the Due Process Hearing.

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The statutory period for a Due Process Complaint is two years.  However, you may be able to extend the statutory period for good cause.  Due Process starts with a signed written complaint.  Your Attorney should review your child’s school records barring an emergent situation prior to drafting the complaint.  Prior to the hearing you are entitled to participate in an early resolution session and request mediation within certain legal timelines.  You may seek attorney fees if you are successful. 

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If you are unsuccessful at a Due Process Hearing, you have the right to an appeal. 

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What is a Compliance Complaint?

A Compliance Complaint is a formal request for the California Department of Education (CDE) to investigate accusations of noncompliance with state or federal special education laws.  The CDE is dedicated to verifying that public agencies meet the special education needs of children with disabilities.

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Similar to Due Process, CDE Complaints require a signed written complaint.  Your Attorney should review your child’s education records before drafting your complaint.  Unlike Due Process Complaints, CDE Complaints must be filed within one year of the alleged violation.  CDE Complaint investigations are usually completed within 60 days.  The Investigator will prepare a written report regarding her findings and require specific remedies in the event she finds noncompliance.  

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You have the right to request an appeal from the CDE if you feel the Investigator was mistaken in her decision.  You have 35 days to file for an appeal after receiving the Investigator’s Report.  

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What is an Office of Civil Rights Complaint?

The Office for Civil Rights enforces several Federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education.

An Office of Civil Rights (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.  Unlike Due Process or CDE Complaints, these complaints much be filed within 180 days of the act of discrimination at issue.  However, you may be able to waive this period for good cause.  If you decide to utilize the grievance policy of the institution at issue prior to contacting OCR, you have 60 days to present your claim to OCR.  In order to participate in the OCR complaint process, you must submit a written complaint.  OCR will decide whether or not it will defer to the decision reached in the institution’s grievance process.  OCR’s role is to serve as an unbiased Investigator and resolve complaints.   

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If OCR determines that a recipient failed to comply with the civil rights law(s) that OCR enforces, OCR will contact the recipient and will attempt to secure the recipient’s willingness to negotiate a voluntary resolution agreement. If the recipient agrees to resolve the complaint, the recipient will negotiate and sign a written resolution agreement that describes the specific remedial actions that the recipient will undertake to address the area(s) of noncompliance identified by OCR. The terms and obligations of the resolution agreement, if fully performed, will remedy the identified violation(s) in compliance with applicable civil rights law(s). OCR will monitor the recipient’s implementation of the terms and obligations of the resolution agreement to verify that the remedial actions agreed to by the recipient are being properly implemented.

 

If the recipient does not agree to correct its noncompliance with the civil rights law(s) by entering into a resolution agreement, OCR may initiate proceedings to suspend, terminate, or refuse to grant or continue Federal financial assistance to the recipient, or may refer the case to the Department of Justice.

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What is a Williams Complaint?

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A Williams Complaint is a type of Uniform Complaint Procedure Complaint.  It pertains to instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils, and teacher vacancy or misassignment and may be filed anonymously. Williams Complaints are filed with the principal, or the designee of the school in which the complaint arises. Your complaint will be accepted as long as it is submitted in writing.

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If you disagree with the Local Education Agency’s decision regarding your complaint with respect to a matter of law, you have the right to file an appeal with the CDE within 15 calendar days of receiving the decision.

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Contact us if you disagree with your district’s offer of FAPE, have a grievance with your school district or believe your student is entitled to more special education services.  We can be reached for a free virtual consultation today.  We provide special education services to Parents at no cost.  Contact us at (213) 272-1000 or at matthew@hollowykimberlin.com.

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