Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 480 - HOME AND COMMUNITY-BASED SERVICES › Chapter 1 - EARLY INTERVENTION SERVICES COORDINATION › Section 480-1-018 - COMPLAINT PROCEDURES

Current through June 17, 2024
An individual or organization may file a written signed complaint
	 regarding the violation of the provision of services coordination and the
	 Individualized Family Service Plan (IFSP) entitled under the Nebraska Early
	 Intervention Act.
018.01
SUBMISSION.
Complaints must be submitted to the
  Nebraska Department of Education, Special Education Office, in writing. The
  written, signed complaint must contain an explanation of specific information
  relating to the possible violation. Special accommodation will be made, if
  writing is a barrier. Contact the Special Education Office in person or by
  telephone to make arrangements.
018.02
SERVICE COORDINATION
  VIOLATION.
If the complaint can be determined to be related to a
  violation of the provision of services coordination and the Individualized
  Family Service Plan (IFSP), the following procedures will be carried out. The
  Nebraska Department of Education and the Department of Health and Human
  Services will notify in writing the individual or organization filing the
  complaint and the applicable services coordination agency the complaint has
  been received. This written notification to the services coordination agency
  will include a copy of the complaint, substance of the alleged violation, and
  timelines for response. The services coordination agency has 14 calendar days
  to submit a written response.
018.03
INVESTIGATION.
The Nebraska Department of Education
  and Department of Health and Human Services will investigate each complaint
  received from an individual or organization to determine whether there has been
  a failure to comply with these regulations and may require further written or
  oral submission of information by all parties and may conduct an independent
  on-site investigation, if necessary.
018.04
REVIEW.
Within 60 calendar days of receipt of a signed written complaint, the Nebraska
  Department of Education and Department of Health and Human Services will review
  all relevant information and provide written notification of findings of facts
  and conclusions and the basis for such findings to all parties involved.
018.05
EXTENUATING
  CIRCUMSTANCES.
If, as a result of extenuating circumstances the
  Nebraska Department of Education and Department of Health and Human Services
  are not able to complete the investigation within the 60 calendar days, an
  extension will be implemented. The Nebraska Department of Education and
  Department of Health and Human Services will notify the person or organization
  filing the complaint and the service coordination agency of the
  extension.
018.06
FAILURE TO COMPLY.
If it is determined there has been
  a failure to comply, there will be included in the notification of findings the
  specific steps which must be taken by the services coordination agency to bring
  the agency into compliance including technical assistance, negotiations and
  corrective actions. The notification must also set forth a reasonable period of
  time to voluntarily comply.