Tracking Informal Disputes

When to Use the Informal Dispute Resolution (DR) Tracking Form and Sheet

• Concerns that need to be tracked

  • Concerns related to Part C compliance requirements

    • Examples include: timely services, timely evaluation and IFSP development, transition planning activities

  • Alleged Violations of Family Rights and Procedural Safeguards

    • Examples include: PWN / Consent, access to records, amending of records, confidentiality of information

  • Concerns about service delivery

    • Examples include: disagreement amongst IFSP Team members about recommended IFSP services, no monthly contact by service coordinator

  • Requests for formal dispute resolution (even if the concern would not be considered a Part C violation)

    • EI Colorado’s Part C team will manage these requests

• Daily business that does not need to be tracked

  • Difficulty working with/connecting with the service coordinator or service provider  

  • Requesting a change in service coordinator or service provider due to conflicts not related to Part C compliance requirements, Family Rights, or Procedural Safeguards

  • Requesting changes to the IFSP

EIB Tracking Procedure

1. The Google form needs to be filled out when concerns that need to be tracked arise

   1. This form should be incorporated into internal processes

   2. This form is required as it informs EI Colorado’s dispute resolution tracking

   3. Will be monitored ongoing by EI Colorado’s Part C team

2. If a concerned individual communicates a concern to an intake coordinator, a service coordinator, an EIB evaluator, or an EIB service provider, the following action steps should be taken  

   1. Listen to understand the concern; ask questions to clarify and explore the concern

      1. Resource: CADRE infographic

   2. Explain informal dispute resolution and formal dispute resolution options

      1. EI Colorado’s Part C Team must be notified anytime formal dispute resolution is requested (even if the concern would not be considered a Part C violation)

   3. Complete the Google form (which populates the EIB dispute resolution tracking sheets)

   4. Follow the internal process for communicating with a supervisor or complaint officer for the purpose of resolving concerns

3. The EIB’s designated complaint officer will update their EIB’s dispute resolution tracking sheet as steps are taken at the local level to informally resolve the dispute

Glossary

• Concerned Individual - A person who expresses a concern about early intervention services. Concerned individuals can be anyone, including parents, other family members, service coordinators, service providers, community partners, etc.

• Complaint Officer - Each EIB is required to have a designated individual who is the dispute resolution point of contact at their local program. EI Colorado staff will always initially reach out to the EIB EI Coordinator to discuss dispute resolution cases. The EIB EI Coordinator will communicate with the EIB Complaint Officer as needed

• Early Intervention Colorado’s Part C Team - Staff at CDEC who respond to dispute resolution cases referred to the state level from the local level. Lead by the Part C Administrator, Moniqua Johl, [email protected]

• Dispute resolution (DR) - A system required under the IDEA and designed as part of a State’s general supervisory responsibility to ensure implementation of IDEA’s dispute resolution procedures (i.e., State complaints, mediation, due process complaints, and due process hearings). Dispute resolution is a parental right and a procedural safeguard

• Informal Dispute Resolution - Resolving an individual’s concern prior to a formal dispute resolution request being filed

  • Informal concern - A concerned individual reports an issue to the EIB or EI Colorado. A formal dispute resolution request is not filed (i.e., the complaint is not formalized)

  • Attempts to resolve informal concerns should be made at the local level before state involvement

• Formal Dispute Resolution - After the concerned individual has filed a formal dispute resolution request with EI Colorado, EI Colorado’s Part C Team works with all parties involved to resolve the dispute. Filing a formal dispute resolution request requires completing and signing the dispute resolution request form, which can be found on EI Colorado’s website, or providing all required information in writing in another format. Formal dispute resolution options include written state complaints, mediation, and due process hearings

  • Written state complaint - A signed, written document submitted to the EI Colorado by an individual or organization (complainant) that alleges a violation of a requirement of Part C of IDEA. EI Colorado’s Part C Team investigates if the IDEA has been implemented and works with the complainant and other parties involved to resolve the complaint within 60 days

    • Examples of IDEA Part C violations include evaluation and IFSP not completed within 45 days of referral date, services not provided within 28 days of parent consent (due to a documented system reason), and prior written notices not provided

    • Examples of common complaints that are not IDEA Part C violations include only telehealth services offered, dislike of staff, and wanting services outside the scope of the program

  • Mediation - Mediation is a voluntary process under Part C of the IDEA that brings people together to resolve disagreements. An impartial, qualified, and trained mediator helps participants communicate with each other so that everyone has an opportunity to express concerns and offer solutions. Mediation can be requested at any time to resolve disagreements.  All participants must agree to participate for mediation to happen.  The focus is on resolving disagreements and working toward a solution that satisfies all participants.  If a dispute is resolved through the mediation process, a written and legally binding agreement is created and signed.  The mediator does not make decisions. All participants must agree to any decision.  Mediation discussions are confidential. What is said in mediation cannot be used as evidence in a due process hearing or civil lawsuit.  Mediation is voluntary, so participants may leave mediation at any time

  • Due process complaints and hearings - Parents have important legal rights if they disagree about whether the requirements of Part C of the IDEA are being followed. Under Part C of the IDEA, parents have the right to file a due process complaint when they want a hearing officer to make a decision about early intervention services for their child and family. Under the Part C procedures, the due process complaint may only be filed by a parent. This starts a process that may lead to a formal hearing where a hearing officer decides the outcome