Overview of Dispute Resolution Procedures for Families of Children Receiving Early Intervention

Parents and Early Intervention (EI) personnel both want the children they care for to do well. Yet sometimes they don't always agree about what is needed to help a child learn and make progress. This can lead to disagreements, which may require dispute resolution to resolve.

There are generally two types of disagreements that occur: (1) disagreements over eligibility (for example, your child is found not to have a developmental delay); and (2) disagreements about the Individualized Family Service Plan (IFSP). Disagreements about the IFSP can be about the actual IFSP being offered (for example, the type of services or how often or where a service is to be delivered) or can relate to how the services are being delivered once an IFSP has been agreed upon (for example, your child is not receiving the services set forth in the IFSP or the services being delivered are not effective for your child to make progress toward IFSP goals).

The best first option for any EI disagreement is usually to request a meeting to attempt to resolve the disagreement. You may do so in person or by phone, but it is best to follow up your request with a written letter or email. Some disagreements arise out of misunderstandings and can be easily resolved through a face-to-face meeting between the parents and Early Intervention personnel. Remember, you can contact your family's Service Coordinator any time you have a question or concern about your child's EI program. If an agreement is reached through an informal meeting or conversation, make sure the IFSP team updates the Evaluation Report (ER) and/or IFSP to reflect any changes. This ensures that the agreement becomes legally enforceable.

If an informal meeting does not solve the problem, the Individuals with Disabilities Education Act (IDEA) provides parents with three dispute resolution options.

1. Request Mediation: Mediation is an informal option that uses a neutral third party to help resolve disputes. Both sides – the family and the Early Intervention agency – attend a meeting conducted by a trained mediator. The mediator helps the two sides agree on some or all of the issues. Pennsylvania does not allow attorneys to attend mediation, but parents can bring another advisor, such as an advocate.
2. File a State Complaint: A parent or someone acting on behalf of a parent (or group of parents) can file a complaint with the state if he or she believes that a child's rights have been violated. The complaint must give relevant facts to describe the situation and suggest a proposed resolution of the problem, which may include compensatory services or monetary reimbursement. The complaint must be filed within one year of the alleged violations. After a complaint is filed, it must be resolved within 60 days. If the subject matter of the complaint is also the subject of a Due Process Complaint, the state complaint will be put on hold until the Due Process Complaint is resolved.
3. File for a Due Process Hearing: A Due Process Hearing is a formal legal proceeding, very similar to a trial, in which both sides of a dispute present testimony and evidence and can ask questions of the other side's witnesses.

Your EI agency must provide you with a copy of a "Procedural Safeguards" document, which outlines parents' rights and instructions to follow when disagreements arise. You should receive this document from EI at least once a year, and you may request an additional copy at any time.

It is important to note that, regardless of how you choose to try to resolve your EI dispute, you need to be prepared. You will need to present evidence that your child's rights under Part C of IDEA have been violated. Many times, this means that you may need to get someone else to provide an expert opinion about your child. For example, if you are challenging a finding that your child does not qualify for EI services, you may want to obtain an independent evaluation of your child to show that your child has a developmental delay. Other times, you may need to find an expert to give evidence that the program set up in your child's IFSP is inappropriate or you may need to have documented evidence that your child has not been receiving the services required by the IFSP.

Recommended Link

• CAR Resource Directory (Select Advocacy)

Additional Resources

• Problem Solving in Early Intervention, provided by the Pennsylvania Training and Technical Assistance Network
• What Families Should Not Accept From Their School Districts or Early Intervention Providers, from the Pennsylvania Education Law Center
• Guidance with NJ Dispute Resolution
• NJ Formal Dispute Resolution Request Form