Kan. Admin. Regs. § 28-4-569 - Resolution of complaints
(a)
Complaints. Any person believing that there has been any violation of part C
may file a complaint with the lead agency. A complaint may allege any violation
of part C that occurred no more than one year before the lead agency received
the complaint.
(b) Complaint
proceedings. Any person who files a complaint may participate in the resolution
of the complaint through one or more of the proceedings specified in
subsections (c), (d), and (e), which may occur individually or simultaneously.
Each person shall be responsible for that person's legal fees.
(c) Formal complaint. Any person may file a
formal complaint against the lead agency, any local tiny-k program, or any
provider of early intervention services, or any combination of these.
(1) Each formal complaint shall be submitted
on a form provided by the lead agency or shall be submitted as a written and
signed statement that includes the following information:
(A) Any alleged violations of part C
requirements;
(B) the alleged
circumstances on which the formal complaint is based;
(C) the contact information of the person
filing the formal complaint; and
(D) a proposed resolution to the extent known
and available to the person.
(2) If the formal complaint alleges any
violation regarding a specific child, the formal complaint shall include the
following additional information:
(A) The
child's name and address;
(B) the
name of the local tiny-k program providing early intervention services for the
child;
(C) a description of any
alleged violations regarding the child; and
(D) a proposed resolution of the problem, to
the extent known and available to the person.
(3) Any person may submit additional written
information about the allegations in the formal complaint within five days
after filing the formal complaint.
(d) Mediation. A mediation may be requested
by any party.
(1) A mediation shall be
conducted if it meets the following requirements:
(A) Is voluntary by each party;
(B) does not deny or delay a parent's right
to a due process hearing or any other rights under part C; and
(C) is conducted by an impartial mediator
trained in mediation techniques.
(2) Each mediator appointed by the lead
agency shall meet the following requirements:
(A) Be selected on a random or impartial
basis by the lead agency;
(B) have
knowledge of the laws and regulations relating to early intervention
services;
(C) not be an employee of
the lead agency or the provider of early intervention services; and
(D) be impartial and not have a private or
professional interest in the outcome of the mediation.
(3) Each mediation shall be scheduled by
agreement of each party and shall be held in a location convenient to each
party.
(4) Each mediator shall
perform the following duties:
(A) Listen to
the presentation of each party to determine facts and issues;
(B) assist in the development of creative
alternatives to resolve the complaint; and
(C) facilitate negotiation and decision
making.
(5) If the
parties resolve a dispute through mediation, the parties shall execute a
legally binding mediation agreement.
(6) All discussions that occur during a
mediation shall remain confidential.
(e) Due process hearing. Each due process
hearing shall be conducted by a hearing officer who has knowledge of part C and
early intervention services.
(1) Each due
process hearing shall be conducted at a time and place convenient to the
parents.
(2) Each hearing officer
shall meet the requirements for impartiality specified in paragraph (d)(2),
except that the hearing officer shall be selected by the office of
administrative hearings.
(3) The
hearing officer shall perform the following duties:
(A) Schedule the hearing;
(B) listen to each party's
presentation;
(C) examine the
information presented by each party;
(D) issue a written decision and provide the
written decision to each party within 30 days after the lead agency receives
the due process complaint; and
(E)
provide a written or electronic verbatim transcription of the
hearing.
(4) Each parent
involved in a due process hearing shall have the following rights:
(A) To be accompanied and advised by counsel
and by individuals with special knowledge or training with respect to early
intervention services;
(B) to
present evidence and testimony from witnesses;
(C) to prohibit the introduction of any
evidence that has not been disclosed to the parent at least five days before
the hearing; and
(D) to be provided
with the written decision of the hearing officer and the verbatim transcription
of the hearing at no cost.
(f) Each local lead agency and each local
fiscal agency shall be responsible for the costs of remediation of part C
complaints through formal complaint, mediation, or due process hearing
proceedings, except legal fees.
Notes
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