Sec. 13a.13.01.14. Procedural Safeguards — Dispute Resolution  


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  • A. Written State Complaint Procedures. The Department shall receive and resolve any early intervention State complaint filed by any party regarding any violation of Part C of the Act in accordance with 34 CFR §§303.432-303.434, and COMAR 13A.05.01.15A.

    B. Mediation. Any party may request mediation to resolve a dispute involving any matter related to the provision of early intervention services, including matters arising prior to the filing of a due process complaint, in accordance with 34 CFR §303.431, and COMAR 13A.05.01.15B.

    C. Due Process Hearing Procedures.

    (1) The Department shall provide for impartial resolution of individual child complaints concerning any matter related to the provision of early intervention services in accordance with 34 CFR §§303.440-303.449, 34 CFR §§300.507-300.518, and COMAR 13A.05.01.15C.

    (2) If a parent files a due process complaint to dispute a determination that the child does not meet the criteria for identification as a student with a disability under Part B, the local lead agency is not required to provide the child with early intervention services after the child’s third birthday during the pendency of the due process hearing.