Section 480-1-018 - COMPLAINT PROCEDURES An individual or organization may file a written signed complaint regarding the violation of the provision of services coordination and the Individualized Family Service Plan (IFSP) entitled under the Nebraska Early Intervention Act.
018.01SUBMISSION. Complaints must be submitted to the Nebraska Department of Education, Special Education Office, in writing. The written, signed complaint must contain an explanation of specific information relating to the possible violation. Special accommodation will be made, if writing is a barrier. Contact the Special Education Office in person or by telephone to make arrangements.018.02SERVICE COORDINATION VIOLATION. If the complaint can be determined to be related to a violation of the provision of services coordination and the Individualized Family Service Plan (IFSP), the following procedures will be carried out. The Nebraska Department of Education and the Department of Health and Human Services will notify in writing the individual or organization filing the complaint and the applicable services coordination agency the complaint has been received. This written notification to the services coordination agency will include a copy of the complaint, substance of the alleged violation, and timelines for response. The services coordination agency has 14 calendar days to submit a written response.018.03INVESTIGATION. The Nebraska Department of Education and Department of Health and Human Services will investigate each complaint received from an individual or organization to determine whether there has been a failure to comply with these regulations and may require further written or oral submission of information by all parties and may conduct an independent on-site investigation, if necessary.018.04REVIEW. Within 60 calendar days of receipt of a signed written complaint, the Nebraska Department of Education and Department of Health and Human Services will review all relevant information and provide written notification of findings of facts and conclusions and the basis for such findings to all parties involved. 018.05EXTENUATING CIRCUMSTANCES. If, as a result of extenuating circumstances the Nebraska Department of Education and Department of Health and Human Services are not able to complete the investigation within the 60 calendar days, an extension will be implemented. The Nebraska Department of Education and Department of Health and Human Services will notify the person or organization filing the complaint and the service coordination agency of the extension.018.06FAILURE TO COMPLY. If it is determined there has been a failure to comply, there will be included in the notification of findings the specific steps which must be taken by the services coordination agency to bring the agency into compliance including technical assistance, negotiations and corrective actions. The notification must also set forth a reasonable period of time to voluntarily comply.480 Neb. Admin. Code, ch. 1, § 018
Adopted effective 10/3/2021