Filing an Early Intervention Formal Complaint

The Department of Public Health (DPH) Early Intervention Division, as the Lead Agency for Massachusetts Early Intervention adopts the state complaint procedures under 34 CFR 303.432 through 303.434 to resolve allegations that the Early Intervention Division, a public agency or an early intervention services provider has violated a requirement of Part C of the Individuals with Disabilities Education Act (IDEA) or Massachusetts Early Intervention Operational Standards (EIOS).

A Formal Administrative Complaint is a signed written statement that the Department of Public Health (DPH) Early Intervention Division, a public agency, or an early intervention services provider has violated a requirement of Part C of the Individuals with Disabilities Education Act (IDEA) or the Massachusetts Early Intervention Operational Standards (EIOS). This process is used to investigate alleged violations of law or policy.  It is distinct from the other dispute resolution options, mediation and due process hearings, which resolve disputes regarding a specific child and family.

Any person or organization, including one from another state, may file a written, signed complaint.

Submit a written, signed statement to the Early Intervention Division and the public agency, or early intervention services provider. DPH has developed model forms to assist, and the complaint must include:

• A statement that a requirement of Part C of the Individuals with Disabilities Education Act (IDEA) or the Massachusetts Early Intervention Operational Standards (EIOS) has been violated
• The facts about the allegation
• Signature (a typed name can be considered your electronic signature).
• Contact information (e.g., your name, email, phone)
• If the complaint is about a specific child
• The name and address of the child’s residence (or available contact information if experiencing homelessness)
• The name of the early intervention service provider serving the child
• A description of the problem
• A proposed resolution to the extent known

Once the formal administrative complaint is received, the Early Intervention Division has sixty calendar days to complete an independent investigation and issue a written decision (§ 303.434).  The sixty calendar day timeline can only extend at the parents request to either pause to engage in Mediation or to accommodate exceptional circumstances(§ 303.433(b)(1)). The Early Intervention Division defines exceptional circumstance as a parent's request to extend the timeline for personal or family reasons. The complaint may be withdrawn at any time before the report is finalized; however, the Early Intervention Division will continue to address violations identified during the investigation, following a noncompliance identification process to determine whether they are isolated or systemic and whether additional measures are warranted.

The independent investigation, including an on-site investigation, if necessary, includes:

• Scheduling an interview with both parties
• Opportunity to submit additional information either orally or in writing
• Opportunity for the public agency or early intervention services provider to respond and offer a proposed resolution
• Offer the opportunity for voluntary Mediation.
• Review of all relevant information
• The independent determination as to whether there was a violation of law or policy

The Early Intervention Division proceeds with investigations, regardless of whether the complainant participates, by using all available records and information to reach a determination.

The Early Intervention Division issues a written decision that addresses each allegation. The written decision contains facts, findings, conclusions, and the reasons for the final decision.

If a violation is found, Massachusetts follows a noncompliance identification process to determine whether it is isolated or systemic. The written report will include any required corrective actions to address the individual relief to the infant or toddler through compensatory early intervention services or other corrective action, and systemic remedies for future provision of services for all eligible infants, toddlers, and families, such as providing technical assistance or requiring policy and/or practice change. All required corrective action must be completed no later than one year after receiving written notification of noncompliance.

If a complaint is also part of a due process hearing, the Early Intervention Division still investigates all issues not part of the hearing within the sixty-day timeline.

Some examples of when a Formal Administrative Complaint is an appropriate option (not limited to) 

• You believe the EIS program is not providing IFSP services
• Changes in IFSP services were made without your consent
• You believe the EIS provider is not providing the required services to a group of children.
• EIS program did not provide you with written notice about your rights, or an action proposed or refused
• EIS Program did not provide services within 30 days of when you give consent, and you did not agree to a different timeframe
• The EIS program did not maintain your child and family’s confidentiality
• If you believe the EIS program did not follow a requirement, policy or timeline required by IDEA Part C or Massachusetts Early Intervention Operational Standards.
• If the program did not allow you to see your child’s records
• If the program did not complete an evaluation/assessment within 45-days of referral

Mediation is available at any time, for any matter under IDEA Part C Early Intervention.

Early Intervention Dispute Resolution materials