Section 52170 - Complaint Procedures(a) A complaint shall be a written and signed statement alleging that a regional center, LEA or any private service provider receiving funds under Part C of the Individuals with Disabilities Education Act, Title 20 United States Code, Sections 1431-1445, has violated any federal or state law or regulation governing the provision of early intervention services including the process of determining eligibility provided through Part C of the Individuals with Disabilities Education Act, Title 20 United States Code Sections 1431-1445, for infants or toddlers and their families.(b) Any individual or organization may file a complaint.(c) The alleged violation must have occurred: (1) Not more than one year before the date that the complaint is received by the Department of Developmental Services unless a longer period is reasonable because the alleged violation continues for that child or other children; or(2) Not more than three years before the date on which the complaint is received by the Department of Developmental Services, if the complainant is requesting reimbursement or corrective action as remediation of the complaint.(d) The procedures under Chapter 1, commencing with Section 4500 of Division 4.5 of the Welfare and Institutions Code or Part 30, commencing with Section 56500 of the Education Code, or Title 5 California Code of Regulations Section 4600 et seq., shall not be used for resolving complaints regarding California's Early Start Program.(e) Each regional center and LEA shall inform the parent and other interested individuals or organizations of the right to file a complaint directly with the Department of Developmental Services at the following address: DEPARTMENT OF DEVELOPMENTAL SERVICES
OFFICE OF HUMAN RIGHTS
ATTENTION: EARLY START COMPLAINT UNIT
1215 O STREET M.S. 10-50
SACRAMENTO, CA 95814
(f) If the complainant is unable to provide the complaint in writing, the service coordinator shall directly assist the complainant or provide assistance to identify resources which can aid the complainant in completing the written complaint.(g) The complaint shall include the following:(1) The name, address and phone number of the complainant;(2) A statement that a regional center, LEA or any private service provider receiving funds under Part C of the Individuals with Disabilities Education Act, Title 20 United States Code Sections 1431-1445, has violated any federal or state law or regulation of a Part C requirement governing the provision of early intervention services for infants or toddlers and their families in California;(3) A statement of facts upon which the alleged violation is based;(4) The party allegedly responsible; and(5) A description of the voluntary steps taken at the local level to resolve the complaint, if any.(h) Mediation is available at any time to resolve disagreements involving any matter related to IDEA Part C.Cal. Code Regs. Tit. 17, § 52170
1. New article 3 (sections 52170-52171) and section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of NOTE (Register 98, No. 5).
3. New article 3 (sections 52170-52171) and section, including amendment of NOTE, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
4. New article 3 (sections 52170-52171) and section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-1-98 order, including amendment of section and NOTE, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).
6. New subsections (c)-(c)(2), subsection relettering, amendment of newly designated subsection (e) and amendment of NOTE filed 1-14-2003; operative 2-13-2003 (Register 2003, No. 3).
7. Amendment of subsections (a) and (g)(2) and new subsection (h) filed 2-17-2011; operative 3-19-2011 (Register 2011, No. 7).
8. Change without regulatory effect amending subsection (e) filed 7-1-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 27). Note: Authority cited: Sections 95009 and 95028, Government Code. Reference: Sections 303.22 and 303.510-303.512, Title 34 Code of Federal Regulations; and Section 95007(f), Government Code.
1. New article 3 (sections 52170-52171) and section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of Note (Register 98, No. 5).
3. New article 3 (sections 52170-52171) and section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
4. New article 3 (sections 52170-52171) and section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-1-98 order, including amendment of section and Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).
6. New subsections (c)-(c)(2), subsection relettering, amendment of newly designated subsection (e) and amendment of Note filed 1-14-2003; operative 2-13-2003 (Register 2003, No. 3).
7. Amendment of subsections (a) and (g)(2) and new subsection (h) filed 2-17-2011; operative 3-19-2011 (Register 2011, No. 7).
8. Change without regulatory effect amending subsection (e) filed 7-1-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 27).