Anyone who believes a local public agency is in violation of federal or state laws or regulations governing special education programs may file a written complaint with the State Superintendent of Public Instruction.

            Complaints submitted to the Superintendent of Public Instruction must include a statement(s) of the specific concerns of the person filing the complaint, including the laws alleged to be violated.  In addition, the complaint should include all information necessary to support it.

Hearing requests must be made in writing and sent to:

Special Education Hearing Office
Institute for Administrative Justice
McGeorge School of Law
3200 Fifth Avenue
Sacramento, CA  95817

CHILDREN ATTENDING PRIVATE SCHOOLS

Children who are enrolled by their parents in private schools may participate in publicly funded special education programs.  However, while school districts have the clear responsibility to offer a free and appropriate public education to students with disabilities, recent changes to federal law have significantly limited the school district’s responsibility to provide service to students whose parents have chosen to attend private schools.  Federal law limits the amount that school districts may spend for these services to a proportionate share of federal IDEA funds.  The regulations clarify that there is no individual right to receive some or all special education services the child would receive if enrolled in public school.  In the case where Special Education services are provided, an Individual Service Plan (ISP) must be developed at a meeting with the IEP team and representative of the private school.

            For further information regarding special education complaint procedures or services for private school students, please contact your district’s Special Education Administrator or Dr. Susan Villa, San Benito County SELPA Director, 460 Fifth Street, Hollister, CA  95023.  Phone:  (831) 637-5393, Ext. 112.