Dispute Resolution

Anyone can file a complaint if they believe any agency or person providing early intervention services has violated the early intervention requirements. Complaints must be made in writing, signed and must include your contact information; the specific facts on which the complaint is based, including the Part C requirement that is alleged to have been violated; the name of your child and the service provider; and a proposed solution to the problem if you have one. Complaints must be filed within one year.

As the parent of a child receiving early intervention services, you can also file a written complaint when you disagree with anything related to the services your child and family are getting. For example, you might want to file a complaint if your local early intervention system is not:

• doing something the team agreed to—like conducting an assessment or providing a service;
• meeting important deadlines—like determining eligibility and developing an IFSP in 45 days; or
• letting you look at your child’s early intervention records.

Once your complaint is received, the state agency responsible for early intervention will investigate. You will be given the opportunity to submit additional information, either verbally or in writing, about your complaint. You will be notified of the results of the investigation within 60 calendar days. Any issues that are currently being addressed in a due process hearing will not be investigated as a state complaint.

You can begin the process for filing a complaint by completing this form or by contacting the Part C Dispute Resolution Contact.

For more information (such as parent guides and videos) on written state complaints, please visit the Center for Appropriate Dispute Resolution in Special Education — Written State Complaints.

Many disagreements between families and professionals can be worked out with the help of a mediator. Mediation is a process that makes it possible for a specially trained person, who doesn’t have a financial or other interest in the case, to help you and the early intervention system reach an agreement.

In mediation, no one wins or loses. Successful mediation builds on the partnership you have with providers and keeps it strong. The result of mediation is that you and providers write down and sign what you each agree to do to solve the problem. Mediation occurs at a time and place convenient for both you and individuals representing the early intervention system. You can begin mediation and file a request for an impartial hearing at the same time or you can begin mediation without requesting an impartial hearing.

Mediation is voluntary. This means that if you do not think it will work, you do not have to do it.

The mediation process must be completed within 15 calendar days of the Infant & Toddler Connection of Virginia’s state office receipt of notice that both parties agree to mediation. Mediation cannot extend the timelines for a due process hearing (30 calendar days).

You can begin the process for mediation by completing this form or by contacting the Part C Dispute Resolution Contact.

For more information (including parent guides and videos) on using mediation, please visit the Center for Appropriate Dispute Resolution in Special Education — Early Intervention Mediation.

Hearings are the most formal way to resolve disputes. You can request a hearing if you disagree with a decision or action that affects your child’s identification, eligibility determination, placement or the services you and your child receive.

Hearings are conducted by impartial hearing officers who know the early intervention law, regulations, policies and practices. A hearing is a formal proceeding where evidence can be presented, and witnesses can be called to testify. You can bring a lawyer with you or anyone else you think can help you present your case and best represent your child’s interests.

A hearing follows a number of rules, including strict timelines. The main rules for hearings are:

• hearing officers must be completely impartial—which means that they cannot have a personal or professional interest that would conflict with their objectivity in the outcome of the hearing or be an employee of any agency or entity providing early intervention services or care to your child;
• hearings must be held when and where it is reasonably convenient for you to attend;
• evidence presented must be shown to you at least five days before the hearing;
• the hearing must be recorded. The record can be a tape or a written transcript, and you can ask for a free copy;
• the hearing officer must make a decision and mail the written decision to each party no more than 30 calendar days after the request for a hearing is filed; and
• during the hearing process, your child and family must continue to receive the early intervention services currently in your IFSP unless you and the early intervention system agree otherwise. If the hearing involves a request for initial services and your child has been determined eligible, your child must receive those services already agreed to by you and the early intervention system.

After the hearing is completed, the hearing officer makes a decision based on the facts and evidence presented. If you are not satisfied with the hearing officer’s decision, you may file civil action with any state or federal court.

You can begin the process for requesting a due process hearing by completing this form or by contacting the Part C Dispute Resolution Contact.

For more information (including parent guides and videos) on impartial due process hearings, please visit the Center for Appropriate Dispute Resolution in Special Education — Early Intervention Due Process Complaints and Hearings.