Division of Special Education/Early Intervention Services
Maryland Infants and Toddlers Program

TECHNICAL ASSISTANCE BULLETIN NUMBER 27
(Revised 1/03)

Procedures for Resolving Early Intervention System Complaints

Overview

Part C of the Individuals with Disabilities Education Act requires that the State lead agency establish procedures to resolve any complaint filed by an organization or individual that the State has violated a requirement of the Part C statute or regulations. Federal Regulations for resolving complaints are provided below, followed by Maryland's Procedures for Resolving Early Intervention System Complaints.

Federal Regulations

The IDEA Amendments of 1997 require that, in accordance with 34 Code of Federal Regulations 303.510-512, each State lead agency adopt written procedures for:

• Receiving and resolving any complaint that any public agency or private service provider is violating a requirement of Part C of the Act or 34 CFR 303;
• Providing for the filing of a complaint with a public agency and the right to have the lead agency review the public agency's decision on the complaint; and
• Widely disseminating to parents and other interested individuals, including parent training centers, protection and advocacy agencies, independent living centers and other appropriate entities, the State's procedures under §§303.510 through 303.512.

[Authority: 20 U.S.C. 1435(a) (10)]

Maryland's Procedures for Resolving Early Intervention System Complaints

In accordance with 34 CFR 303.510-512, the Maryland State Department of Education/Division of Special Education and Early Intervention Services establishes the following procedures:

1) The Maryland State Department of Education/Division of Special Education and Early Intervention Services:

(a) Receives and resolves any early intervention system complaint that the State has violated one or more requirements of Part C of IDEA or 34 CFR 303; and
(b) Disseminates information on the State's procedures to receive and resolve early intervention system complaints to parents, family support and advocacy organizations, and other interested individuals and agencies throughout the State.

2) The early intervention system complaint may concern violations by:

(a) Any public agency in the State that receives funding under
Part C of IDEA;
(b) Other public agencies that are identified as being part of the State's early intervention system; or
(c) Private service providers under public supervision.

3) Any individual or organization, including an individual or organization from another State, may file a written, signed early intervention system complaint with the Maryland State Department of Education/Division of Special Education and Early Intervention Services. The complaint shall include:

(a) A statement that the State has violated a requirement of Part C of the Individuals with Disabilities Education Act or 34 CFR 303; and
(b) The facts on which the early intervention system complaint is based.

4) Alleged violations included in the written complaint must have occurred not more than one year before the date that the complaint
is received by the Maryland State Department of Education/Division of Special Education and Early Intervention Services unless a longer period is reasonable because:

(a) The alleged violation continues for the child or other children; or
(b) The complainant is requesting reimbursement or corrective action for a violation that occurred for a violation not more than three years before the date on which the complaint is received by the lead agency.

5) Within 60 calendar days of receipt of an early intervention system complaint, the Maryland State Department of Education/Division of Special Education and Early Intervention Services shall:

(a) Carry out an independent on-site investigation, if determined necessary;
(b) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;
(c) Review all relevant information and make an independent determination as to whether there has been a violation of a requirement of Part C of the Act or 34 CFR 303; and
(d) Issue a written decision to the complainant and all parties involved in the complaint that addresses each allegation in the complaint and contains findings of fact and conclusions and the reasons for the final decision.

6) An extension of the 60-day time limit shall be granted by the State Superintendent of Schools only if exceptional circumstances exist with respect to a particular early intervention system complaint.

7) When the written decision includes a finding that there was a failure to provide appropriate services, the Maryland State Department of Education/Division of Special Education and Early Intervention Services shall address:

(a) How to remediate the denial of those services, including, as appropriate, the awarding of monetary reimbursement or other corrective actions appropriate to the needs of the child and family; and
(b) Appropriate future provision of services for all infants and toddlers with disabilities and their families.

8) The Maryland State Department of Education/Division of Special Education and Early Intervention Services shall provide for the effective implementation of the final decision, including, if needed, technical assistance activities, negotiations, and corrective actions to achieve compliance.

9) The following provisions apply to complaints filed as early intervention system complaints and as requests for due process hearings:

(a) If a written system complaint is received that includes one or more issues that are part of a due process request, the State must set aside any part of the system complaint that is being addressed in the due process hearing until the conclusion of the hearing.
(b) Any issue in the complaint that is not part of the due process request must be resolved within the 60-day timeline established for early intervention system complaints.

10) If an issue is raised in an early intervention system complaint that has previously been decided in a due process hearing involving the same parties:

(a) The hearing decision is binding; and
(b) The Maryland State Department of Education/Division of Special Education and Early Intervention Services must inform the complainant to that effect.

11) A complaint alleging a public agency's or private service provider's failure to implement a due process decision must be resolved by the Maryland State Department of Education/ Division of Special Education and Early Intervention Services.

12) The Maryland State Department of Education/Division of Special Education and Early Intervention Services shall, after removing personally identifiable information, transmit to the State Interagency Coordinating Council the decisions regarding early intervention system complaints, and also make decisions available to the public, in a manner consistent with State and federal confidentiality requirements.

For additional information about Maryland's Procedures for Resolving Early Intervention System Complaints, please contact Deborah Metzger, Program Manager, Maryland Infants and Toddlers Program, Division of Special Education and Early Intervention Services at l-800-535-0182. Written, signed complaints should be submitted to the attention of:

Assistant State Superintendent
Division of Special Education/Early Intervention Services
Maryland State Department of Education
200 W. Baltimore Street
Baltimore, Maryland 21201