Family Rights: State Complaints

An individual or organization, including those from another state, may file a written, signed complaint that any local EI program, EI evaluation entity, or EI service provider is violating a requirement of Part C of the IDEA legislation. The EI Colorado Program at the CDEC widely disseminates complaint procedures included in this brochure to parents and other interested individuals, including parent training centers, protection and advocacy agencies, and other appropriate entities. The complaint must include:

• A statement that the local EI program, EI evaluation entity, EI Colorado Program at the CDEC, public agency or EI service provider has violated a requirement of Part C of the IDEA;

• The facts on which the statement is based;

• The signature and contact information for the individual filing the complaint; and

• The name of the child, address where the child resides, a description of the nature of the problem, facts relating to the problem and a proposed resolution of the problem, if alleging violations with respect to a specific child

• The individual or organization filing the complaint must forward a copy of the complaint to the local EI program, EI evaluation entity, or EI service provider serving the child at the same time the party files the complaint with the EI Colorado Program complaint officer at the CDEC

• Complaints must be filed and received by the EI Colorado Program at the CDEC within one (1) year of the alleged violation

Once the EI Colorado Program at the CDEC has received the complaint, the complaint officer has sixty (60) calendar days, unless exceptional circumstances exist to:

• Investigate the complaint, including conducting an independent, on-site investigation, if necessary;

• Make an independent determination as to whether or not a violation of Part C of the IDEA has occurred after reviewing all relevant information; and

• Issue a written decision to the complainant that addresses each allegation in the complaint and that contains related facts and conclusions as well as the reasons for the final decision

The individual or organization filing the complaint has the opportunity to submit additional information, either orally or in writing, about the complaint.

The local EI program, EI evaluation entity, EI Colorado Program at the CDEC, or the EI service provider must be given an opportunity to respond to the complaint and there must be an opportunity for the person who filed a complaint and the local EI program, EI evaluation entity, or EI service provider to voluntarily engage in mediation.

If the final decision indicates that appropriate services were/are not being provided, the EI Colorado Program at the CDEC must ensure that the local EI program will address how to remediate the denial of the services including, as appropriate, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the child and the child’s family. This must include procedures for effective implementation of the decision, if needed, including technical assistance activities, negotiations and corrective actions to achieve compliance.

The EI Colorado Program at the CDEC must also ensure the local EI program will address appropriate future provision of EI services for all infants and toddlers with disabilities and their families.

If a written complaint is received that is also the subject of a due process hearing or contains multiple issues, of which one or more are part of that hearing, the EI Colorado Program at the CDEC must set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not part of the due process action must be resolved within the sixty (60) calendar day timeline using the complaint procedures described above.

If an issue is raised in a complaint filed under this section that has previously been decided in a due process hearing involving the same parties:

• The hearing decision is binding, and

• The EI Colorado Program at the CDEC must inform the complainant to that effect. Any complaint alleging a local EI program’s, EI evaluation entity’s, or EI service provider(s) failure to implement a due process decision must be resolved through the EI Colorado Program at the CDEC