| (a) An individual or organization may file a complaint
with DARS alleging that a requirement of the Individuals with Disabilities
Education Act, Part C or applicable federal and state regulations
has been violated. The complaint must be in writing, be signed, and
include the nature of the violation and a statement of the facts on
which the complaint is based.
(b) A complaint may be filed directly with DARS without
having been filed with the contractor or local program.
(c) The alleged violation must have occurred not more
than one year before the date that the complaint is received by the
public agency unless a longer period is reasonable because the alleged
violation continues for that child or other children.
(d) Procedures for receipt of a complaint are as follows.
(1) All complaints received by DARS concerning early
childhood intervention services shall be forwarded to the DARS ECI
Assistant Commissioner who will log and assign all complaints, monitor
the resolution of those complaints, and maintain a copy of all complaints
for a five-year period.
(2) A complaint should be clearly distinguished from
a request for an administrative hearing under Chapter 101, Subchapter
E, Division 3 of this title (relating to Division for Early Childhood
Intervention Services) and from a request for a hearing under §108.227
of this title (relating to Opportunity for a Hearing) concerning the
requirements of FERPA.
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