Sample Complaint Letter

I would not recommend you apply for and Administrative Review, I would recommend you call your local AZEIP office and request a due process hearing, the IDEA part c safeguards manual states that services must stay in place as opposed to the Administrative Review where they state that it does not. I considered deleting this post, but decided to keep it up for those that decide that the Administrative review is the route they should take. The info was sent to me from my son's DSI; it is from the AZ Autism Coalition, this is a TEMPLATE it needs to be customized for each situation if you choose to use it.

KEEP IN MIND THIS IS NOT THE SAME AS A DUE PROCESS HEARING WITH AZEIP YOU HAVE TO FILE FOR THAT SEPARATELY


IDEA Part C Procedural Safeguards

If your child is between the ages of 0-3 and has been affected by these cuts, you have Federal safeguard rights that are meant to protect your child. Early intervention is partially funded by both State and Federal dollars, thus you must take action and appeal your child's termination of services. Follow the appeals process (Administrative Review) carefully that is specifically detailed in the DES letter -- you have 35 days from the date of the letter to appeal.

Here is a sample letter:

To Whom It May Concern:

My child is 2 years old and has a diagnosis of ___________. He/she has been receiving one hour per week of occupational therapy and speech therapy since July 2008, along with two hours per week with a developmental specialist. I received a letter from DES dated March 3, 2009, informing me that my child would no longer be receiving any therapies after March 13, 2009, due to the State's economic hardships.

I respectfully request an Administrative Review and appeal this decision to remove services from my child. My child is entitled to early intervention services based on the Individuals with Disabilities Education Act (IDEA). According to Federal IDEA policy, services can only be stopped if the parents choose to withdraw their consent to participate or the child no longer needs services. Neither of which is the case. Also according to IDEA, services must stay in place while dispute resolution takes place.

Removing services from my child in this manner is a direct violation of IDEA, and I fully intend to dispute this removal of early intervention services.

Sincerely,
Please visit the Arizona Autism Coalition website, www.azautism.org for information and updates.