The Early Steps program takes your concerns seriously and recognizes your right to make decisions about your child
If you and the Early Steps team do not agree on plans or services for your child, or if you think your rights have been violated, there are procedures for resolving your concerns.
The first step may be expressing your concerns directly with your Early Steps team. This includes talking with your service coordinator, Family Resource Specialist and Individualized Family Support Plan (IFSP) team.
Families have specific rights throughout their involvement in Early Steps called Procedural Safeguards. The Summary of Procedural Safeguards section of the Policy Handbook lists the rights available to you in Early Steps and helps ensure you are an equal member of your child’s team.
If you have concerns or feel your rights have been violated, you have the right to Request Mediation, File a Complaint or request a Due Process Hearing. Regardless of which dispute resolution process you may pursue, your child will continue receiving any Early Steps services currently being provided.
Mediation
If you are unable to resolve your differences through the Individualized Family Service Plan (IFSP) process, you may request Mediation. Both parties must agree to Mediation and sign a Request for Mediation.
With the help of a Mediator, you and the individuals who work with your child have an opportunity to talk about both views of the problem. A Mediator is a neutral person who is experienced in helping people work out disagreements. In Mediation, a trained Mediator helps the parties reach a mutually satisfactory solution that is in the best interest of the family.
The scheduling of the Mediation session will be timely, within 21 calendar days of the receipt of a request signed by both parties. There is no charge for Mediation and any agreement reached must be in writing. Mediation is voluntary, optional for both parties, and is completely confidential.
There are many advantages of undertaking mediation prior to a more formalized dispute process, including:
- Resolution of disagreements in an informal setting
- Clarification of underlying issues that caused the disagreement
- Opportunity to express your ideas and point-of-view
- Promotion of a positive working relationship between your family and Early Steps
- Identification of “common ground” shared by your family and Early Steps
Mediation is available at any point through the dispute resolution process.
Complaints
You have the right to submit a written, signed complaint if you feel there has been a violation of your rights under Part C of the Individuals With Disabilities Education Act (IDEA).
A complaint is independently investigated and a written decision is issued within 60 calendar days. During the time a complaint inquiry is underway, your child must continue to receive The Early Steps services currently being provided. The parties involved in a complaint are given the opportunity to review draft reports from the investigation and submit additional information regarding the complaint. Following the 60 day investigation, a written report will be developed which includes:
- Background information
- Findings of fact
- Team conclusions
- Corrective action(s)
- A basis for the team’s decision
- A statement about the right to appeal
Complaints must be submitted to the Early Steps State Office.
Sample complaint template:
(Date)
Part C Coordinator
Department of Health
Children’s Medical Services
Early Steps State Office
4052 Bald Cypress Way, BIN# A06
Tallahassee, FL 32399-1707
Dear Part C Coordinator:
I would like to file a complaint with Children’s Medical Services, Early Steps State Office, because I believe that (name and address of person/agency) has violated Part C requirements. Specifically,
- (Description of the nature of the problem)
- (Describe proposed resolution)
I understand that my complaint will be investigated within 60 days and you will contact me for any questions or information you might need.
I may be reached at (list contact information) between (list best hours to be reached).
Sincerely,
(Signature)
(Name)
(Street Address)
(City, State, Zip Code)
(County)
(Phone Number)
Include Child’s name and address.
Due process hearings
A due process hearing is an impartial procedure used to resolve disagreements over issues on the Individualized Family Support Plan (IFSP)–such as eligibility determination or proposed changes in services to your child and family–or to challenge information in the Early Steps record. The due process hearing is at no cost to you, unless you choose to hire an attorney. Throughout the due process timeline outlined below, your child will continue to receive the services listed on the most current IFSP.
After a request for a due process hearing has been received, the Early Steps State Office works to schedule a resolution meeting between the family and relevant IFSP team members from the Local Early Steps. The outcome of the resolution meeting is documented in writing and determines whether the process moves forward to schedule a hearing. The resolution timeframe is 30 calendar days. If a resolution is reached and a written agreement is made between all parties, the process is complete–if the parties instead indicate that no agreement is possible, the hearing is scheduled and the 45-day due process timeline begins. Both parties may also agree to expedite due process procedures by waiving the resolution meeting in order to move straight to the 45-day timeline.
In the due process hearing, participants will present information about their side of the disagreement. An impartial hearing officer then makes a decision based on the presented information and associated state and federal laws. A written decision will be issued within 45 calendar days. The decision of the hearing officer is considered final. If you disagree with the decision, you can bring civil action in a state or district court. You have 90 days from the date of the decision to bring civil action.
You have the right:
- To be represented by an attorney
- To have the hearing scheduled at a convenient time and place
- To give evidence, ask questions and have witnesses present
- To receive a written or an electronic record of the hearing at no cost to you
Sample Due Process request template:
(Date)
Part C Coordinator
Department of Health
Children’s Medical Services
Early Steps State Office
4052 Bald Cypress Way, BIN# A06
Tallahassee, FL 32399-1707
Dear Part C Coordinator:
I would like to request an impartial due process hearing for my child, (child’s name), regarding Early Steps services. The issue(s) I am requesting to be addressed at the hearing are:
- Disagreement about a proposal or refusal to initiate Early Steps services
- Disagreement about a change in Early Steps services
- The identification, evaluation, or placement of my child
- The provision of appropriate Early Steps services
I may be reached at (list contact information) between (list best hours to be reached).
Sincerely,
(Name)
(Street Address)
(City, State, Zip Code)
(County)
(Phone Number)
