Dispute Resolution

The Family Centered Early Supports and Services program (FCESS) has procedures in place to allow parties to find resolution to complaints or suspected rights violation by utilizing a third party for decisions.

What are the steps?

If a parent/guardian has a concern regarding their child’s services, they should communicate with their service provider or program director. If this does not resolve their concerns, they can communicate with the Part C Coordinator to learn more about the options for resolution. The parent/guardian can voice their concerns informally or file a formal complaint requesting mediation and/or an impartial due process hearing. These options can address the complaint related to the identification, evaluation, or provision of appropriate early supports and services for their child.  

If a parent/guardian or individual/organization feel that the state, program, or provider has violated the child’s rights according to Part C of IDEA, they can request an investigation by filing a State Administrative Complaint. 

Step 1- Filing a Formal Written Complaint 

Concerns must be documented in writing. You have the option of using this form (link to form here) and signed by individual filing the complaint or you may use your own document. The form should be sent to either the Part C office or your FCESS program. Should you need assistance writing your complaint, please call 603-271-4488 for assistance. A designee from the Bureau for Family Centered Services will then contact you to explain the next steps and your options for resolution.

Step 2- What type of complaint should I file?             

Mediation 

An opportunity for parents and providers to resolve their disagreements in a non-adversarial, informal manner through mediation. These moderated meetings between parents/guardians and the program are typically held and resolved in 30 days. 

 

For additional questions, please watch this Mediation video.

Due Process Hearings

A formal procedure to ensure the timely resolution of an individual child complaint and is conducted by an impartial hearing officer. These hearings are typically concluded within 30 days of filing a complaint. The resolution is decided by the Hearing Officer.

For additional questions, please watch this Due Process Complaints and Hearings video.

State Administrative Complaint

Individuals, including families, or an organization, may file a State Administrative complaint that any Family Centered Early Supports and Services program or provider is violating a requirement of Part C of the IDEA. 

 

You can request an administrative investigation if there has been a violation of IDEA or state laws, by filling out this form (link to the form) or by writing out the details on your own document and signing. The form or document should then be sent to the Bureau for Family Centered Services to initiate the process. Investigations typically take up to 60 days to complete.

For additional questions, please watch this State Administrative Complaint video.