210 R.I. Code R. 210-RICR-30-15-1.14

Current through October 15, 2024

Section 210-RICR-30-15-1.14 - Resolving Complaints

A. The Rhode Island EOHHS, as lead agency, is responsible to review, investigate and act on any complaints or allegations of noncompliance with Part C of IDEA or with Rhode Island Early Intervention Certification standards, policies, or procedures by a certified Early Intervention Provider. The complaint procedure is publicly available on the EOHHS website.

B. Any public agency, public employee, parent, private individual or organization may file a written complaint alleging that there has been an instance of noncompliance with IDEA Part C or with Rhode Island Certification Standards, policies, or procedures by any certified Early Intervention Provider.

C. The parent, organization, or individual filing the complaint must submit a signed written complaint to the Part C Coordinator and simultaneously forward a copy of the complaint to the EI provider serving the child.

D. The complaint must be completed, signed, dated and submitted to the Part C Coordinator. The Early Intervention Complaint form is given to parents at Intake and is available on line at: http://www.eohhs.ri.gov

E. The EI provider will assist the parent in filing a written complaint if requested.

F. The Early Intervention Complaint Form (or facsimile) shall be used and must include:

1. A statement that the EI provider has violated a requirement of Part C of the IDEA;

2. The facts on which the statement is based;

3. The signature and contact information for the individual filing the complaint; and

4. The name and address of the child;

5. The name of the EI provider serving the child;

6. A description of the nature of the problem of the child, including facts relating to the problem; and

7. A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

G. The violation must have allegedly occurred not more than one (1) year prior to the date that the complaint is received.

H. The lead agency will conduct an investigation of the complaint through interviews and a review of the early intervention record(s) or may determine that an independent on-site investigation is necessary. The complainant will be given the opportunity to submit additional information orally or in writing within the required timeline.

I. The EI provider will be given an opportunity to respond to the complaint; including at the discretion of the lead agency, a proposal to resolve the complaint.

J. A parent who has filed a complaint will be given an opportunity to voluntarily engage in mediation with the EI provider.

K. EI programs shall cooperate with the lead agency by providing full access to all records and personnel involved.

L. The lead agency will review all relevant information and determine whether there has been a violation of a requirement of the Rhode Island Early Intervention system and will issue a written decision within sixty (60) days. A time extension may be permitted only if exceptional circumstances exist with respect to the complaint or if the parent and the EI provider agree to extend the time to engage in mediation.

M. The written decision will address each allegation in the complaint and will contain the following:

1. Findings of facts and conclusions:

2. The reasons for the final decision;

3. The procedures to effectively implement the decision including corrective actions needed to achieve compliance, negotiations and technical assistance;

N. If the lead agency has found that the EI provider failed to provide appropriate services, the lead agency must address corrective actions required to correct the cause of the complaint. This includes corrective actions required of the system or of the EI program which impact the future provision of service for children with disabilities and their families, and compensatory services or monetary reimbursement as appropriate to the needs of the child and the child's family.

O. Final decisions are binding and enforceable. The lead agency may monitor the EI provider regarding implementation of corrective actions and if corrective actions are not implemented the lead agency may terminate the EI provider's certification agreement.

P. If an issue is raised in the written complaint, or there are multiple issues in which one or more are also part of a due process hearing request, the issue(s) must be set aside until the conclusion of the due process hearing. The remaining issues must be resolved using the written complaint time limits.

Q. If an issue is raised in the written complaint, which has already been decided in a due process hearing, the previous decision is binding and the complainant must be so informed.

R. A written complaint alleging a failure of the EI provider to implement a decision made pursuant to a "Request for Due Process Hearing" must be resolved by the lead agency.

S. If a parent is not satisfied with the final decision issued by the lead agency, a "Request for a Due Process Hearing" may be filed by the parent if the written complaint was about a proposal to initiate or change the identification, evaluation or early intervention services of their child; or the refusal to initiate or change the child's identification, evaluation or early intervention services of their child.

210 R.I. Code R. 210-RICR-30-15-1.14