8 Colo. Code Regs. § 1405-1-5.120

Current through Register Vol. 47, No. 18, September 25, 2024

Section 8 CCR 1405-1-5.120 - DISPUTE RESOLUTION PROCESS

This rule is promulgated pursuant to section 26.5-3-403, C.R.S.

A. A Certified Early Intervention Service Broker shall have dispute policies and procedures, in accordance with 34 C.F.R. Sections 303.430-434 and 303.435-438, as incorporated by reference in Rule 5.104, to ensure that parents or guardians and service providers are informed of the process for resolution of disputes. These policies and procedures shall include:

1. A process for local level informal resolution of complaints; and

2. Formal dispute resolution processes as defined within Rules 5.108(C) and 5.120.

B. A parent or guardian of a child who is referred for services shall have the right to access mediation, state complaint procedures, and/or a due process hearing at no cost for the resolution of an individual dispute regarding identification, eligibility determination, early intervention service setting, or the provision of appropriate early intervention services for the child and the child's family.

C. Families shall have access to mediation and due process procedures for the resolution of a dispute. The Department shall ensure:

1. The availability of a mediator and hearing officer;

2. A mediator and hearing officer are impartial and knowledgeable of the federal and state laws pertinent to early intervention services; and

3. There is no cost to the parties involved in the mediation or due process hearing.

D. If the dispute involves an application for initial early intervention services, the child shall receive those services that are not in dispute.

E. During the pendency of any proceeding involving a dispute under this section of these rules, unless the public agency and parent or guardian of a child otherwise agree, the child shall continue to receive the appropriate early intervention services currently being provided.

8 CCR 1405-1-5.120

46 CR 01, January 10, 2023, effective 1/1/2023

46 CR 06, March 25, 2023, effective 4/14/2023

47 CR 13, July 10, 2024, effective 7/30/2024