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How Do We Handle Disagreements About Services?

There may be times when you and your early intervention team cannot reach an agreement about services. The disagreement may be about such things as:

• your child’s evaluation, or decisions about eligibility for services,
• the types of early intervention services included in your IFSP, who will provide the services, where the services are provided, or how often the services are provided, or
• the fees for services that you or your child receives.

It is important that you first try to settle these differences by talking with your Child Service Coordinator and with staff of the agency involved. Often you can negotiate or work out a change that will meet your needs and preferences. If you continue to disagree, you may consider mediation and/or an administrative hearing. Your Child Service Coordinator can help you with the different ways to settle disagreements.

Mediation allows you and the agency staff to talk about the details of your disagreement with an impartial, trained mediator. The mediator is a person who will work with you and the agency staff to find a solution to the disagreement. It is an informal process, and nothing is written unless you reach an agreement. Mediation works well in many situations. You are encouraged to consider this option first. However, you are not required to use mediation. You can stop the mediation at any point if you feel it is no longer helpful.

An administrative hearing is a more formal process which allows you and the agency to present your positions before an impartial, trained administrative hearing officer. The hearing is provided at no cost to you, but you must pay for any professionals that represent you. You can have an advisor present at the hearing. The advisor can be legal counsel or another person who knows your child. The hearing officer's decision is final unless you appeal the decision in state or district court. You will be informed of the hearing officer's decision in writing.

Requests for either mediation or an administrative hearing are made in writing to the director of the agency providing the early intervention service with whom you have the disagreement. Whether you use mediation or the administrative hearing, the process must be completed and a decision made within 30 days of your written request for settlement. While the disagreement is being settled, you have the right to continue receiving the service under dispute, unless you and the agency agree that this is not in your or your child's best interests.

Also, you may file a written complaint with the North Carolina Infant-Toddler Program Coordinator, if you believe that an agency or the state has violated a law or regulation of the Infant-Toddler Program. This right is available to you as well as any other person or organization. You can get more detailed information about this by asking your Child Service Coordinator or by calling the Family Support Network or the Exceptional Children's Assistance Center.

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