5.1 OSEP finds that the State’s written procedures for the timely administrative resolution of complaints through mediation, State complaints, and due process hearing procedures are inconsistent across the State’s documents, including the handbook, parent rights, program procedures, and complaint policy, and inconsistent with 20 U.S.C. §§ 1415(e), 1439(a)(1) and (a)(8), and 34 C.F.R. §§ 303.431 through 303.438.
5.2 OSEP finds that the State does not have procedures to meet the mediation requirements in 20 U.S.C. §§ 1415(e), 1439(a)(8), and 34 C.F.R. § 303.431(b)(2).
5.3 OSEP finds that the State is unable to appoint a due process hearing officer to implement the complaint resolution process, whenever a due process complaint is received, that is knowledgeable about the provisions of IDEA Part C and the needs of early intervention services available for infants and toddlers with disabilities and their families or have procedures in place which ensure that hearing officers are impartial, as required by 20 U.S.C. § 1439(a)(1) and 34 C.F.R. § 303.435.
5.4 OSEP finds that The State has not developed complaint procedures that include: a. a mechanism to track the completion of corrective actions when required by a State complaint decision, as required by 20 U.S.C. §§ 1439(a)(1), and 34 C.F.R. § 303.433(b)(2); and b. a mechanism to track the implementation of due process hearing decisions, as required by 20 U.S.C. §§ 1415(e)(2)(F), 1415(f)(1)(B), 1439, and 34 C.F.R. § 303.449.
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