How to Protect Your Child with a Disability in California

Changes to the Department of Education Office for Civil Rights (OCR)

Many parents and guardians are understandably worried about recent changes at the federal level. Since early 2025, the U.S. Department of Education, Office for Civil Rights (OCR), the agency that investigates disability discrimination in public schools, charter schools and, depending on certain factors, private schools, has reduced its staff by more than fifty percent. This reduction affects OCR’s ability to timely process and investigate complaints as to whether a student with a disability is receiving the special education services the student is entitled to, otherwise known as a “free appropriate public education,” or FAPE.

What OCR’s Changes Mean for Parents with Special Needs

But here is the most important thing to know: your child’s rights have not changed, and you still have meaningful options, especially in California.

OCR continues to enforce federal laws that protect students with disabilities, including students with IEPs, Section 504 Plans, and even students who have not yet been identified but may have a disability, but it is hobbled. At the same time, California offers its own system for addressing concerns, and in many cases, that system can be faster and more accessible for families.

Steps for Resolving a Dispute

Step 1: Try resolving the issue locally

Often, the first step, though not required, is to try to resolve the issue locally. Parents may contact their school district, usually the Director of Special Education or the Superintendent, and explain the concern in writing. It helps to be clear about what is not working and what you would like the school to do differently. Many districts will offer a meeting or mediation to try to resolve the issue informally. Parents can also reach out to their local Special Education Local Plan Area (SELPA), which may provide a neutral facilitator or help coordinate mediation. SELPAs can be very helpful in getting everyone to the table, but it is important to understand that they do not investigate complaints or make legal decisions.

Step 2: File a formal “state complaint” with the CA Department of Education 

If the issue is not resolved or if a parent prefers to start with a formal process, California allows parents to file a complaint directly with the California Department of Education (CDE).  Once a complaint is filed, the CDE will generally investigate and issue a written decision, usually within 60 days. A complaint can be submitted through the CDE’s website at https://www.cde.ca.gov/sp/se/qa/cmplntproc.asp or by email at speceducation@cde.ca.gov

Step 3: File an appeal of the “state complaint” with the CA Department of Education

If a parent disagrees with the CDE’s written decision, the parent may appeal to the CDE, requesting that it reviews its decision.  The CDE does not typically redo the entire investigation but instead reviews whether the CDE handled the investigation in accordance with applicable law. Appeals can be submitted through the CDE’s website (see above) or by email at ucpappeals@cde.ca.gov.

Step 4: File for a Due Process Hearing

If a student is not receiving FAPE, the special education services they are entitled to, parents may file for a due process hearing with the California Office of Administrative Hearings (OAH). This is a more formal legal process, like a hearing, and it focuses on decisions about identification, evaluation, and/or placement. Parents can file a request online at Office of Administrative Hearings or by email at sefilings@dgs.ca.gov.

Alternative Option: File a Complaint Directly with OCR

At any point, parents also have the option of filing a complaint directly with the U.S. Department of Education, Office for Civil Rights (OCR).  This can be done online through OCR’s complaint system. If a parent files a complaint with OCR after having filed with the CDE or with OAH, OCR does not typically re-investigate the investigation but instead reviews whether the CDE applied comparable legal standards to those of OCR. Importantly, parents do not have to go through the state complaint process before filing with OCR.

The Bottom Line

The bottom line is that even with changes at the federal level, families in California still have multiple paths to protect their children’s rights. Some parents start by working with their district, while others move more quickly into formal complaints. In some cases, families use more than one option at the same time. If you are feeling overwhelmed, that is completely understandable. But you should know this: there are systems in place, and you are not without recourse. Contact us to learn more about how our team of Educational Therapists and Specialists can support families in navigating Special Education procedures and laws.

Written by Ellen Chestnut, Attorney at Law

Ellen Chestnut is a Special Education Law expert and attorney with over 30 years of experience working in both government and private settings. She is dedicated to helping families and schools work through challenges in a way that is fair, respectful, and focused on each child’s needs. Throughout her career, Ellen has worked to address bias and inequity in schools and organizations, making sure that students’ rights are protected while also helping systems function more effectively. She understands how overwhelming special education processes can feel for parents, and she strives to make them clearer, more collaborative, and less stressful. Ellen specializes in resolving disputes through mediation, investigation, and open communication. She creates a supportive environment where families and schools can have honest, productive conversations—even when issues are complex or emotional. Her goal is to help everyone feel heard, identify shared goals, and move toward solutions that truly support the student.