Wyoming Administrative Code
Agency 048 - Health, Department of
Sub-Agency 0020 - Developmental Disabilities - Infants and Toddlers
Chapter 4 - PROCEDURAL SAFEGUARDS
Subpart E - Procedural Sageguards
Section 303.420 - Due process procedures
Current through September 21, 2024
Each system must include written procedures including procedures for mediation as described in Sec. 303.419, for the timely administrative resolution of individual child complaints by parents concerning any of the matters in Sec. 303.403(a). A State may meet this requirement by-
(a) Adopting the mediation and due process procedures in 34 CFR 300, 506 through 300.512 and developing procedures that meet the requirements of Sec. 303.425; or
(b) Developing procedures that-
Authority: 20 U.S.C. 1439(a)(1)
Approved by the Office of Management and Budget under control number 1820-0550
Note 1: Sections 3 03.420 through 3 03.425 are concerned with the adoption of impartial procedures for resolving individual child complaints (i.e., complaints that generally affect only a single child or the child's family). These procedures require the appointment of a decision-maker who is impartial, as defined in Sec. 303.421(b), to resolve a dispute concerning any of the matters in Sec. 303.403(a). The decision of the impartial decision-maker is binding unless it is reversed on appeal.
A different type of administrative procedure is included in Secs. 303.510 through 303.512 of subpart F of this part. Under those procedures, the lead agency is responsible for (1) investigating any complaint that it receives (including individual child complaints and those that are systemic in nature), and (2) :' resolving the complaint if the agency determines that a violation has occurred.
Note 2: It is important that the administrative procedures developed by a State be designed to result in speedy resolution of complaints. An infant's or toddler's development is so rapid that undue delay could be potentially harmful.
