12 Colo. Code Regs. § 2509-10-7.990

Current through Register Vol. 47, No. 11, June 10, 2024

Section 12 CCR 2509-10-7.990 - DISPUTE RESOLUTION PROCESS

A. A Community Centered Board shall have dispute policies and procedures, in accordance with 34 C.F.R. Sections 303.430- 303.434 and 303.435 - 303.438, which are incorporated by reference as defined in Section 7.900, A, 5, to ensure that parents 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 Section 7.913, C, and Sections 7.991-7.994.

B. A parent 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; and,

2. A mediator and hearing officer is 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 under this section of these rules, unless the public agency and parent of a child otherwise agree, the child shall continue to receive the appropriate early intervention services currently being provided.

12 CCR 2509-10-7.990

38 CR 11, June 10, 2015, effective 7/1/2015

39 CR 17, September 10, 2016, effective 10/1/2016

41 CR 23, December 10, 2018, effective 1/1/2019

43 CR 19, October 10, 2020, effective 10/30/2020

45 CR 07, April 10, 2022, effective 4/30/2022