210 R.I. Code R. 210-RICR-30-15-1.16

Current through October 15, 2024

Section 210-RICR-30-15-1.16 - Due Process Hearing

A. A due process hearing is a formal review of a complaint identified by the parent, all data related to the problem, and testimony from the parties concerned.

B. Parents may request a hearing with regard to:

1. A proposal to initiate or change the identification, evaluation or early intervention services of their child;

2. Refusal to initiate or change the child's identification, evaluation, or early intervention services of their child.

3. A request that information in their child's record be amended and the Early Intervention provider refuses to amend the record in accordance with the request (see Access to Records procedure).

C. A "Request for a Due Process Hearing" form must be completed, signed and dated by the parent or the parent's representative and submitted to the Part C Coordinator. This form is given to parents at intake and is also available online at: http://www.eohhs.ri.gov/ProvidersPartners/ProviderManualsGuidelines/MedicaidProviderManual/EarlyInterventionProviders/EarlyInterventionProgram.aspx

D. The EI provider will assist the parent in filing a "Request for a Due Process" Hearing upon parent request.

E. When a hearing is requested by the parent, the lead agency will inform the parent of the right to mediation and of any free or low cost legal services available to the parent.

F. The hearing will be scheduled at a time and in a location that is convenient for the parents.

G. The due process hearing must be completed, and a written decision mailed to each of the parties within thirty (30) calendar days of the receipt of the request. Mediation, if attempted, must occur within the same thirty (30) days. A hearing officer may grant specific extensions of time beyond the period set, at the request of either party.

H. The hearing officer:

1. Shall not be an employee of the lead agency or program involved in the provision of early intervention services or care of the child, nor have a personal or professional interest that would conflict with his or her objectivity in implementing the process. A hearing officer cannot be an employee of an agency solely because the person is paid by the agency to implement hearing or mediation procedures under this part.

2. Shall have knowledge about the provision of early intervention and services available for infants and toddlers with disabilities and their families.

3. Shall listen to the presentation of viewpoints concerning the matter under review, examine all information relevant to the issues, and seek to reach a timely resolution of the matter.

I. Parents have the right to:

1. Be accompanied and advised by counsel and or individuals with special knowledge or training with respect to early intervention services for eligible children.

2. Present evidence and confront, cross-examine, and compel the attendance of witnesses.

3. Prohibit the introduction of any evidence at the hearing that has not been disclosed to them at least five (5) days before the proceeding.

4. Obtain a written or electronic verbatim transcription of the proceedings.

5. Obtain written findings of fact, conclusions of law, and decisions at no cost.

J. The hearing officer shall inform the parents or guardians and lead agency of their decision in writing within thirty (30) days of the request.

K. Any party disagreeing with the results of the hearing has the right to bring civil action in State or Federal court.

L. The lead agency shall ensure that the results of the hearing are implemented.

M. A child must continue to receive IFSP services consented to by the parent pending a hearing unless the parent and the EOHHS agree otherwise. If the hearing involves agreement on the initial IFSP, the child shall receive those services that are not in dispute.

210 R.I. Code R. 210-RICR-30-15-1.16