Friday, March 6, 2009

How to file a complaint

Use the sample letter below as a format. Letters MUST be in writing and must include the legalities of IDEA Part C

Here is the page that describes the process of filing a complaint/appeal regarding your child's services: https://egov.azdes.gov/cmsinternet/main.aspx?menu=98&id=2366

Below the addresses to which you should send your complaint/appeals letters is the portion of the above-linked page that lays out the steps for filing a complaint with DES/AzEIP:

Send complaint/appeal letters to:
Arizona Center for Disability Law
5025 E Washington St, ste 202
Phoenix, AZ


AzEIP - Dispute
3839 N 3rd St
Suite 304
Phoenix, Az

KTaylor@azdes. gov

DDD - Disputes
1789 W Jefferson St., 4th floor
Phoenix, Az 85007


System Complaint

If you believe there has been any violation of the requirements and regulations of IDEA, Part C, including a violation of your child's or family's rights, you may file a complaint with DES/AzEIP.

Steps in initiating a complaint:

  1. You must send a written, signed complaint to:
    Executive Director, DES/AzEIP
    3839 N. 3rd Street, Suite 304
    Phoenix, Arizona 85012
  2. The written, signed complaint must include a statement that there has been a violation of a requirement or regulation of IDEA, Part C, and the facts of the situation.
  3. The Executive Director or a designee will review the complaint and decide if it is a valid complaint. A complaint will be judged valid if the alleged violation occurred not more than one year before the date the complaint was received, unless:
    1. the alleged violation continues for the child or other children; or
    2. the person making the complaint is requesting reimbursement or corrective action for a violation that occurred not more than three years before the complaint was received.
  4. If the complaint is judged to be valid, then the Executive Director or a designee will review all the relevant information and will:
    1. conduct an on-site investigation, if necessary; and
    2. give the person making the complaint the opportunity to submit additional information, either orally or in writing.

The Executive Director or a designee will make an independent decision as to whether there has been a violation of IDEA, Part C and send a written copy of the decision to all parties within 60 days of receiving the complaint.

From here

http://takeactioninaz.blogspot.com/2009/03/send-appeal-letter-to-executive.html

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