Sec.17a-248-9. Administrative proceeding to resolve individual child com- plaints

(a) The lead agency shall establish, implement and maintain an administrative proceeding process for the resolution of individual complaints regarding: (1) the evaluation, assessment and eligibility determination of a child; (2) the development, review and implementation of the IFSP; and (3) the parent’s procedural rights and safeguards.

(b) A parent of a child who is eligible or who may be eligible for early intervention services may request, in writing, of the lead agency an administrative proceeding to review: (1) the evaluation, assessment and eligibility determination of a child; (2) the development, review and implementation of the IFSP; and (3) the parent’s procedural rights and safeguards.

(c) The lead agency, upon receipt of a written request for an administrative proceeding in accordance with subsection (b) of this section, shall appoint an impartial decision maker, knowledgeable about the provisions of sections 17a-248 to 17a- 248h, inclusive, of the Connecticut General Statutes; sections 17a-248-1 to 17a- 248-14, inclusive, of the Regulations of Connecticut State Agencies; 20 USC 1431 to 1444, inclusive, and 34 CFR 303. The impartial decision maker shall schedule the administrative proceeding at a time and in a location reasonably convenient to the parent.

(d) An impartial decision maker shall not be an employee of any public or private agency or program involved in the provision of early intervention services or care of the child for whom the proceeding has been requested. An impartial decision maker shall not have a personal or professional interest that conflicts with his or her objectivity in the administrative proceeding. A person who is paid to serve as an impartial decision maker is not deemed to be an employee of a state agency.

(e) The impartial decision maker shall listen to the presentation of relevant viewpoints concerning the matter under review, examine all information relevant to the issues and seek to reach a timely resolution of the matter. The findings of fact, conclusions of law and decision shall be written without personally identifiable information concerning the child or the child’s family. The impartial decision maker shall make a record of the proceedings.

(f) The record of the administrative proceeding shall be kept by the lead agency and shall include all notices, pleadings, and motions; evidence presented during the administrative proceeding; questions and offers of proof, objections thereto, and rulings thereon; any statements of matters officially noticed by the impartial decision maker; and any findings of fact, conclusions of law, decision, determination, opinion, order or report made by the impartial decision maker.

(g) Any parent requesting an administrative proceeding has the right to:

(1) be accompanied and advised by counsel and by persons with special knowledge or training with respect to early intervention services for eligible children;

(2) present evidence and confront, cross-examine and compel the attendance of witnesses;

(3) prohibit the introduction of any evidence at the administrative proceeding, which has not been disclosed to the parent at least five (5) days before the proceeding;

(4) obtain a written or electronic verbatim transcription of the proceedings;

(5) obtain written findings of fact, conclusions of law and decisions;

(6) have his or her child present at the proceeding; and

(7) open the proceeding to the public.

(h) During the pendency of an administrative proceeding, (1) unless the parties otherwise agree, the eligible child shall continue to receive early intervention services currently being provided, and (2) if the proceeding involves an initial IFSP, the child shall receive those early intervention services that are not in dispute.

(Effective June 29, 1998; Amended August 30, 2004; Amended April 10, 2006; Amended April 19, 2010; Amended July 2, 2014)