34 C.F.R. § 303.432

Adoption of State complaint procedures

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(a) General. Each lead agency must adopt written procedures for—

(1) Resolving any complaint, including a complaint filed by an organization or individual from another State, that meets the requirements in § 303.434 by providing for the filing of a complaint with the lead agency; and

(2) Widely disseminating to parents and other interested individuals, including parent training and information centers, Protection and Advocacy (P&A) agencies, and other appropriate entities, the State procedures under §§ 303.432 through 303.434.

(b) Remedies for denial of appropriate services. In resolving a complaint in which the lead agency has found a failure to provide appropriate services, the lead agency, pursuant to its general supervisory authority under part C of the Act, must address—

(1) The failure to provide appropriate services, including corrective actions appropriate to address the needs of the infant or toddler with a disability who is the subject of the complaint and the infant's or toddler's family (such as compensatory services or monetary reimbursement); and

(2) Appropriate future provision of services for all infants and toddlers with disabilities and their families.

(Approved by Office of Management and Budget under control number 1820-NEW) (Authority: 20 U.S.C. 1439(a)(1))

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: W.R. v. State of Ohio Health Dep't, 651 F. App'x 514 (6th Cir. 2016).

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W.R. v. State of Ohio Health Dep't, 651 F. App'x 514 (6th Cir. 2016). “Plaintiffs seek a declaration that the IDEA systemically violated Part C by “unilaterally and categorically excluding] applied behavior analysis therapy from the early intervention services to which children were lawfully entitled.”

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