Records Demand Letter

Pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415(b)(1), the implementing regulations at 34 C.F.R. § 300.613, and California Education Code § 49069, we hereby formally demand that the Test Unified produce all records, data, and documentation related to the delivery of special education and related services mandated by the current Individualized Education Program (IEP) of the above-referenced student. All records must be made available within five (5) business days of receipt of this letter.

Specifically, we request all of the following for the 2024-2025 school year:

1. Service delivery logs showing the date, duration (in minutes), provider name, and location of every service session
2. Attendance records and sign-in/sign-out sheets for each session
3. Session notes, progress notes, or contact logs maintained by any service provider
4. Documentation of any sessions missed, cancelled, or rescheduled, and any make-up sessions offered or provided
5. Provider timesheets or billing records corroborating service delivery
6. All data in the district’s special education management system (e.g., IEPOnline, Frontline, Welligent, or equivalent) reflecting service delivery for this student

This request covers all of the following IEP-mandated services:

• Speech-Language Therapy (Speech-Language Pathologist (SLP)) — 30 min/session, 2×/week (60 min/week); IEP period: Sep 1, 2024 through Jun 15, 2025

California Education Code § 49069 requires the district to make pupil records available for inspection within five (5) business days of a written request. This letter constitutes that request. Failure to comply within the statutory period is itself a violation of parent rights under California law and 34 C.F.R. § 300.613.

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The parent and/or advocate hereby places the Test Unified on express written notice that if service delivery records do not exist, or are not produced within the deadline set forth above, the absence of those records will be treated as independent evidence that the mandated IEP services were not delivered, and that the student was thereby denied a Free Appropriate Public Education (FAPE) in violation of IDEA, 20 U.S.C. § 1400 et seq., and California Education Code §§ 56000–56885.

1. Material failure to implement IEP = FAPE denial (Ninth Circuit). The Ninth Circuit has squarely held that a school district’s material failure to implement the services specified in a student’s IEP constitutes a denial of FAPE. Van Duyn v. Baker School District 5J, 502 F.3d 811, 822 (9th Cir. 2007). See also Amanda J. v. Clark County School District, 267 F.3d 877, 892 (9th Cir. 2001).
2. IEP services must be implemented as written. Federal regulations require that IEP services be implemented “as soon as possible following” the IEP meeting. 34 C.F.R. § 300.323(c). California Education Code § 56521.1 further requires service providers to document and maintain records of services rendered.
3. Absence of documentation is evidence of non-delivery. California OAH decisions recognize that a district’s failure to produce contemporaneous service delivery logs is evidence that services were not delivered as required. Where a district cannot produce records establishing delivery, the burden rests with the district to demonstrate compliance through other reliable evidence.
4. Compensatory education is the established remedy. Students denied FAPE through failure to implement IEP services are entitled to compensatory education — additional services to remedy the educational harm. Park v. Anaheim Union High School District, 464 F.3d 1025, 1033 (9th Cir. 2006). The measure is the number of service hours owed under the IEP minus hours actually delivered.

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We demand that the Test Unified immediately:

1. Produce all records specified in Section I within five (5) business days of receipt of this letter;
2. Identify in writing the provider, credentials, date, and duration of each mandated IEP service session for the 2024-2025 school year; and
3. Where any mandated service was not fully delivered as specified in the IEP, immediately convene an IEP team meeting to determine the appropriate compensatory education remedy and develop a written remediation plan including a compensatory service schedule.

If the district does not comply within five (5) business days, or if the produced records confirm a failure to implement IEP services, the parent and/or advocate intends to exercise all available rights, including filing a state complaint with the California Department of Education under Cal. Ed. Code § 56500.2 and 34 C.F.R. §§ 300.151–300.153, and/or requesting a due process hearing before the California Office of Administrative Hearings (OAH) under Cal. Ed. Code § 56505 and 34 C.F.R. §§ 300.507–300.516. The statute of limitations for due process claims under California law is two (2) years from the date the parent knew or should have known of the alleged violation. Cal. Ed. Code § 56505(l).

Please direct your response and all produced records to the parent or their authorized representative at the contact information below.