Page 24 - Procedural_Safeguards_PartCregs

In resolving a complaint in which the CQI Coordinator’s office finds
a
failure to provide appropriate services, WVBTT must address:
• The failure to provide appropriate services including correc-
tive actions appropriate to address the needs of the infant
or toddler with a disability who is the subject of the com-
plaint and the infant’s or toddler’s family (such as, if ap-
propriate,
compensatory services or the awarding of monetary
reimbursement); and
• Appropriate future provision of services for all infants and
toddlers with disabilities and their families.

An extension of the 60 day timeline may be permitted only if:
• Exceptional circumstances exist with respect to the com-
plaint; or
• The parent, individual, organization, WVBTT, or early
intervention service
provider involved in
the complaint, agree
to extend the time to
engage in mediation.

WVBTT has procedures for
the effective implementation
of the final decision if need-
ed,
including technical assis-
tance activities, negotiations,
and
corrective actions to achieve
compliance.

If a written complaint is
received that is also the sub-
ject of a due process hearing
or
contains multiple issues, of
which one or more are part of
that hearing, the CQI Coordi-
nator must set aside any part
of the complaint that is being
addressed in the due process hearing until the conclusion of the
hearing. However, any issue in the complaint that is not part of the
due process action must be resolved within the 60 calendar day
timeline using the complaint
procedures described above.
• If an issue is raised in a complaint filed under this section
that has previously been decided in a due process hearing
involving the same parties:
 The hearing decision is binding on that issue; and
 WVBTT must inform the complainant to that effect.

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