Page 20 - Procedural_Safeguards_PartCregs

THE RIGHT TO FORMAL DISPUTE RESOLUTION OP-
TIONS

Formal options for resolving dis-
putes include state complaints,
mediation, and impartial due pro-
cess hearings.

All requests for complaint
investigation, mediation, and/or
impartial due process hearing are
to be filed in writing consistent
with these procedures and sent to
the WVBTT State Office, ad-
dressed to the Continuous
Quality Improvement (CQI) Coor-
dinator. Assistance in
completing a written request for formal dispute resolution is availa-
ble to you at your request from your service coordinator or the
State CQI
Coordinator. No parties are entitled to legal fees from WVBTT
under these formal dispute resolution procedures.

MEDIATION

A statewide mediation system is available to you at any time to
ensure that you may voluntarily access a non-adversarial process
for the resolution of individual disputes regarding matters re-
lated to Part C of IDEA. Mediation is available for disputes under
Part C including any matters arising prior to the filing of a due pro-
cess hearing.

Mediation is voluntary on the part of all parties. The CQI Coordina-
tor identifies individual mediators to provide early intervention me-
diation services. Mediators are required to undergo training as a
condition of serving as mediators.

The CQI Coordinator shall maintain a list of qualified and impartial
mediators who are trained in effective mediation techniques and
are knowledgeable in laws and regulations related to the provision
of early intervention services. An individual who serves as a medi-
ator under WVBTT:
• May not be an employee of WVBTT or a provider agency
that is involved in the provision of early intervention ser-
vices or other services to the child; and
• Must not have a personal or professional interest that con-
flicts with the person’s objectivity.

A person serving as a mediator is not an employee of the WVBTT
or a provider agency solely because he or she is paid by WVBTT
to serve as a mediator. The CQI Coordinator shall select media-
tors on a random, rotational, or other impartial basis.

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