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Discussions that occur during the mediation process must be
confidential and may not be used as evidence in any subsequent
impartial due process hearing or civil proceeding of any federal
court or state court.
WVBTT has established procedures to offer you and WVBTT
providers that choose not to use the mediation process an
opportunity to meet at a time and location convenient to you with a
disinterested party:
• Who is under contract with an appropriate alternative
dispute resolution entity, or a parent training and
information center or community parent resource center
in West Virginia established under Section 671 or 672 of
IDEA.
• Who explains the benefits of, and encourages the use of
the mediation process to you.
STATE COMPLAINTS
You or your representative,
other individuals, or
organizations, including an
organization or individual from
another state, may file a
complaint alleging that
WVBTT, an enrolled service
coordinator or direct service
practitioner, RAU, or any other
state agency involved in the
early intervention system is
violating or has violated a requirement of federal or West Virginia
law or WVBTT policies and procedures. If you want to file a
complaint, you must file the complaint with the CQI Coordinator in
the WVBTT State Office. You may seek assistance with the filing
of your complaint by contacting the WVBTT State Office. WVBTT
provides a State Complaint brochure and State Complaint form,
available on the WVBTT website at http://www.wvdhhr.org/birth23.
A complaint must include:
• A written statement that WVBTT, an individual, a RAU, or
a practitioner or service coordinator of WVBTT has
violated a requirement of Part C Federal regulations or
WVBTT policies and procedures;
• The facts on which the complaint is based; and
• The signature and contact information of the complainant
and if alleging violations with respect to a specific child:
The name and address of the residence of the child;
A description of the nature of the problem including
facts relating to the problem; and
A proposed resolution of the problem to the extent
known and available to the party at the time the
complaint is filed.
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