Resolving Disagreements About Early Start Services and Supports
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About Resolving Disagreements
In California’s Early Start program, families have rights and protections. These include specific processes to resolve disagreements related to Early Start services or your belief that a federal or state law has been violated. As a parent, guardian or surrogate parent you have the right to:
- Request a mediation conference or a due process hearing any time you disagree with the Regional Center or Local Education Agency (LEA) about an assessment, the results of an assessment, services and supports your child will receive, or school placement;
- Be informed of your right to file a complaint; and
- File a complaint if you believe there has been a violation of any law governing Early Start services.
There are three separate processes in place for addressing disagreements which arise under the Early Start program:
- The Early Start Mediation Conference
- The Early Start Due Process Hearing
- The Early Start State Complaint Process
Your request for a conference or hearing should be made with the agency – Regional Center or LEA – with which you have the disagreement. If you request one of these options, you still have the right to attempt to resolve the disagreement with the Regional Center or LEA through more informal means while the formal process is proceeding.
Early Start Mediation Conference Request
This is a voluntary process intended to informally resolve disagreements between parents and a regional center or local education agency if the parent believes there has been a violation of federal or state statutes or regulations governing California’s Early Start program. This includes eligibility, assessment, services and school placement. Mediation can be requested as a first option or at any time during the complaint or due process hearing process if a parent decides mediation would be a better way to handle the disagreement. Its voluntary nature means that either party may choose not to participate in it.
A parent may request a voluntary mediation conference by submitting a Mediation Hearing Request form – DS 1808 – which is available online at www.dds.ca.gov or from the Regional Center, LEA or the Department of Developmental Services. In lieu of the form, the parent may send a letter of request to the Office of Administrative Hearings if all the pertinent information is submitted and the letter is signed by the requester.
The mediation process may occur at the same time that other efforts are being made to resolve a disagreement. If the mediation process results in an agreement, but the agreement is not fully implemented by the Regional Center or LEA, the parent may file a complaint, as described below.
Early Start Due Process Hearing
The due process hearing is intended to address the same types of issues as are addressed by the mediation conference. A parent may file a request for a due process hearing by filing a Due Process Hearing Request form – DS 1802 – which is available online at www.dds.ca.gov or from the Regional Center, the LEA or the Department of Developmental Services. The Office of Administrative Hearings will also accept a request in the form of a letter if the pertinent information is submitted and the letter is signed by the requester.
The due process hearing will be completed within 30 days from the time the Office of Administrative Hearings receives the request. The decision from a due process hearing is final unless it is appealed to the Superior Court in the appropriate jurisdiction.
Early Start State Complaint Process
In general, the Early Start State Complaint Process is used if the Regional Center, LEA or private service receiving Early Start funds has agreed to something and it is not carried out, or if the family believes one of these agencies is in violation of the federal or state laws governing California’s Early Start program. The complaint may be filed directly with the Department of Developmental Services using the Early Start Complaint Investigation Request form – DS 1827, which is available online at www.dds.ca.gov.
The Department of Developmental Services is required to investigate the allegations and issue a written decision to all parties within 60 days of receipt of the complaint. The written decision will address each allegation and include the findings and conclusions, the reasons for the final decision, the required corrective actions to be taken, and provisions for technical assistance.
A complaint must be withdrawn if the parent making the complaint agrees to participate in mediation within the 60-day complaint investigation period.
The Department of Developmental Services Web site has an appeals, complaints and comments section that features publications related to Mediation Conference Requests, Due Process Hearing and the State’s Complaint Process. Visit www.dds.ca.gov to access additional information.