Haw. Code R. § 11-140-10 - Administrative complaint procedures

(a) The administrative complaint resolution process may be used when any individual or Organization, including an individual or Organization from another State, believes that the department or an early Intervention provider has violated a requirement under Part C of the Act.

(b) The department shall widely disseminate its complaint procedures to parents and other interested individuals, parent training centers, protection and advocacy agencies, and other appropriate entities.

(c) The individual or Organization making a complaint shall submit a written signed complaint to the department and it shall include:

(1) A Statement that the department or early Intervention provider has violated a requirement under Part C of the Act or its regulations;

(2) The facts on which the complaint is based;

(3) The signature and contact Information for the complainant; and

(4) If alleging violations with respect to a specific child,

(A) The name and address of residence of the child;

(B) The name of the early Intervention provider serving the child;

(C) A description of the nature of the problem of the child, including facts related to the problem; and

(D) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

(d) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received.

(e) The party filing the complaint shall forward a copy of the complaint to the early Intervention provider serving the child at the same time the party files the complaint with the department.

(f) Within sixty days after a complaint has been filed, the department must:

(1) Carry out an independent on-site investigation, if the department determines that such an investigation is necessary;

(2) Give the complainant the opportunity to submit additional Information, either orally or in writing, about the allegations in the complaint;

(3) Provide the department or the early Intervention provider with an opportunity to respond to the complaint, including, at a minimum, to:

(A) Propose a resolution to the complaint; and

(B) Provide an opportunity for a parent who has filed a complaint and the department or early Intervention provider to voluntarily engage in mediation, consistent with section 11-140-9;

(4) Review all relevant Information and make an independent determination as to whether the department or early Intervention provider is violating a requirement of Part C of the Act or of its regulations; and

(5) Issue a written decision to the complainant that addresses each allegation in the complaint and contains findings of fact and conclusions, and the reasons for the department' s final decision.

(g) An extension of the sixty day filing period may be permitted if:

(1) Exceptional circumstances exist with respect to a particular complaint; or

(2) The parent or individual or Organization and the department or early Intervention provider agree to extend the time to engage in mediation.

(h) If the department has found a failure to provide appropriate Services, the department shall address:

(1) The failure to provide appropriate Services, including corrective actions appropriate to address the needs of the child with a disability who is the subject of the complaint and the child' s family, such as compensatory Services or monetary reimbursement; and

(2) Appropriate future Provision of Services for all children with disabilities and their families who were affected by the failure.

(i) If a written complaint is received that is also the subject of a due process hearing or contains multiple issues of which one or more is part of that hearing, the department shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action shall be resolved using the timeline and procedures described in subsections (f) and (g).

(j) If an issue is raised in a complaint that has previously been decided in a due process hearing involving the same parties:

(1) The due process hearing decision is binding on that issue; and

(2) The department shall inform the complainant to that effect.

(k) A complaint alleging the department or early Intervention provider' s failure to implement a due process decision shall be resolved by the department.

Notes

Haw. Code R. § 11-140-10

[Eff SEP 20 2013] (Auth: HRS § 321-354) (Imp: HRS § 321-352; 34 C.F.R. §§303.432 to 303.434)