New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 200 - PRACTICE AND PROCEDURE
Part He-M 203 - COMPLAINT RESOLUTION PROCEDURES FOR FAMILY-CENTERED EARLY SUPPORTS AND SERVICES
Section He-M 203.11 - State Administrative Complaints

Universal Citation: NH Admin Rules He-M 203.11

Current through Register No. 52, December 26, 2024

(a) A parent, family, individual, or organization may forward a signed, written complaint that the department, an area agency, FCESS program, or provider is violating or has violated Part C of IDEIA requirements to the bureau and the FCESS provider agency.

(b) A written, signed complaint shall include:

(1) A statement that the department, area agency, FCESS program, or provider has violated Part C of IDEIA requirements;

(2) The facts on which the complaint is based;

(3) The contact information for the complainant; and

(4) If alleging violations with respect to a specific child:
a. The name and address of the child;

b. The name of the area agency, FCESS program, or provider serving the child;

c. A description of the nature of the problem, including facts relating to the problem; and

d. A proposed resolution of the problem, to the extent known and available to the party at the time the complaint was filed.

(c) The alleged violation shall have occurred not more than one year before the date that the complaint is received by the bureau administrator unless:

(1) The alleged violation continues for that child or other children; or

(2) The complainant is requesting reimbursement or corrective action for a violation that occurred not more than 3 years before the date on which the complaint is received by the bureau administrator.

(d) Within 60 days of receipt of the complaint, the bureau administrator or his or her designee shall:

(1) Carry out an independent on-site investigation;

(2) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

(3) Provide the area agency, FCESS program, or provider with an opportunity to respond to the complaint including a proposal to resolve the complaint;

(4) Review all relevant information and make an independent determination as to whether the area agency, FCESS program, or provider is violating a requirement of Part C of the IDEIA;

(5) Provide the opportunity for a parent who has filed a complaint and the area agency, FCESS program, or provider to voluntarily engage in mediation consistent with He-M 203.04; and

(6) Issue a written decision to the complainant that addresses each allegation in the complaint and contains:
a. Findings of fact and conclusions;

b. The reasons for the department's final decision; and

c. Procedures for effective implementation of the final decision, if needed, including technical assistance activities, negotiations, and corrective actions to achieve compliance.

(e) A 60 day extension of the time limit under (d) above shall be authorized by the bureau administrator or his or her designee, pursuant to Part C of the IDEIA, if:

(1) The case involves complex issues such that the investigation cannot be completed within the 60 days allowed under (d) above; or

(2) The parties involved agree to extend the time to engage in mediation under He-M 203.04.

(f) If a written complaint is received that is also the subject of a due process hearing, or contains multiple issues, of which one or more are part of that hearing, the department shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action shall be solved within the 60-calendar-day timeline using the complaint procedures described above.

(g) If an issue is raised in a complaint that has been previously decided in a due process hearing involving the same parties:

(1) The due process hearing decision shall be binding on that issue; and

(2) The department shall inform the complainant to that effect.

(h) A complaint alleging an area agency's, FCESS program's, or provider's failure to implement a due process decision shall be resolved by the department.

#6727, eff 4-1-98; ss by #7233, eff 4-22-00; ss by #9135, INTERIM, eff 4-22-08, EXPIRED 10-19-08

New. #9593, eff 11-11-09; ss by #10324, eff 4-26-13

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