RULE 281-120.430 - State dispute resolution options

RULE 281-120.430. State dispute resolution options

(1) General. Each statewide system must include written procedures for the timely administrative resolution of complaints through mediation, state complaint procedures, and due process hearing procedures, described in subrules 120.430(2) through 120.430(6).

(2) Mediation. The department must make available to parties to disputes involving any matter under this chapter the opportunity for mediation that meets the requirements in rule 281-120.431 (34 CFR 303).

(3) State complaint procedures. The department must adopt written state complaint procedures that meet the requirements in rules 281-120.432 (34 CFR 303) through 281-120.434 (34 CFR 303) to resolve any state complaints filed by any party regarding any violation of this chapter.

(4) Due process hearing procedures. The department must adopt written due process hearing procedures to resolve complaints with respect to a particular child regarding any matter identified in subrule 120.421(1). The department adopts the Part C due process hearing procedures under Section 639 of the Act.

(5) Status of a child during the pendency of a due process complaint. During the pendency of any proceeding involving a due process complaint under subrule 120.430(4), unless the agency and parents of an infant or toddler with a disability otherwise agree, the child must continue to receive the appropriate early intervention services in the setting identified in the IFSP that is consented to by the parents. If the due process complaint under subrule 120.430(4) involves an application for initial services under Part C of the Act, the child must receive those services that are not in dispute.

(6) Status of a child during the pendency of mediation. During the pendency of any request for mediation under subrule 120.430(2) and for ten days after any such mediation conference at which no agreement is reached, unless the agency and the parents of the child agree otherwise, the child involved in any such mediation conference must continue to receive the appropriate early intervention services identified in the IFSP in the setting that is consented to by the parents. If the mediation involves an application for initial services under Part C of the Act, the child must receive those services that are not in dispute.

(ARC 0100C, IAB 4/18/12, effective 5/23/12)

The following state regulations pages link to this page.