First Steps Families Have Rights
First Steps is responsible for clearly explaining your rights and procedural safeguards, so you feel confident and informed every step of the way. Your First Steps team members, such as early intervention (EI) provider, service coordinator, and System Point of Entry (SPOE), work with you to help your child thrive and reach their full potential. Understanding your rights empowers you to make informed decisions about early intervention.
You can learn more about your family’s rights in the Indiana First Steps Guide to Family Rights and Procedural Safeguards.
You have the right to speak up anytime you have concerns or disagree with your child’s identification, evaluation, or services through early intervention. You also have the right to voice concerns anytime you are worried about or disagree with the support your family is receiving. Dispute resolution is a way to find a solution that supports everyone involved and follows Part C of the Individuals with Disabilities Education Act (IDEA). Both informal and formal options are available, and each approach is described below.
Informal Resolution
Families are always welcome to talk with their provider, service coordinator, or the System Point of Entry (SPOE) director to discuss concerns. These conversations often make it easier for everyone to work together, find solutions, and reach an agreement. You can choose an informal approach by sharing your concerns with a First Steps team member or by contacting your service coordinator to request a meeting. During the meeting, you can raise your concerns, discuss issues and work through possible solutions as team. You are not required to try an informal resolution before a formal process. At any point, you can move to a formal dispute resolution option.
Formal Dispute Resolution
You have the right to formal dispute resolution under IDEA Part C. If you believe there has been a violation of IDEA Part C or Indiana state law, you may file a request for a timely, formal resolution. The Bureau of Child Development Services (BCDS) provides three formal dispute resolution options that can address your concerns.
Mediation
Mediation is an opportunity for families to work through a disagreement with a trained, neutral mediator. It is a voluntary process for all parties and is provided at no cost to your family. After BCDS receives a mediation request, the session will be scheduled in a timely manner and held in a location that is convenient for all participants. Mediation cannot be used to deny or delay a family’s’ rights to a due process hearing or deny any other rights under IDEA Part C. If all parties come to an agreement, the parent(s) and BCDS representatives will sign a legally binding, written agreement. This agreement will outline the solution and confirm that all discussions during mediation are confidential and cannot be used as evidence in future due process hearings or civil proceedings.
- To make a formal mediation request, you must either use the Mediation Request Form or contact BCDS directly to provide the necessary information (listed on the form). You can make the request by mail, hand-delivery, phone, or email:
Bureau of Child Development Services/Indiana First Steps
Attn: Dispute Resolution Coordinator
402 W. Washington St., W453
Indianapolis, IN 46204
Email: FirstStepsWeb@fssa.in.gov
Phone: 800-545-7763
If you need assistance in preparing your written state complaint, you may contact your service coordinator, your SPOE office, or the BCDS office.
Written State Complaint
A written state complaint is a formal claim that the SPOE, EI Provider, or Lead Agency has not met federal or state special education laws. When the BCDS receives a written state complaint, a complaint investigator is assigned to review the concerns, determine if there was a violation, and order any necessary corrective action. The complaint process is completed within 60 days.
- To file a formal written state complaint, you must either use the Written State Complaint Request Form or provide the necessary information (listed on the form) in a written and signed request to BCDS. Written, signed complaints must be submitted to BCDS by mail, hand-delivery, or email:
Bureau of Child Development Services/Indiana First Steps
Attn: Dispute Resolution Coordinator
402 W. Washington St., W453
Indianapolis, IN 46204
Email: FirstStepsWeb@fssa.in.gov
If you need assistance in preparing your written state complaint, you may contact your service coordinator, your SPOE office, or the BCDS office.
Due Process Hearing
A due process hearing is an administrative law proceeding held before an Impartial Hearing Officer (IHO) to determine whether there was a violation of the federal law. Parents have the right to be accompanied and advised by counsel and present evidence, including an expert witness, at their own expense. At the conclusion of the hearing, the IHO considers all the information and issues a legally-binding, written decision. The due process hearing is completed within 30 days of initial request.
- To file a for a formal due process hearing, you must either use the Due Process Request Form or provide the necessary information (listed on the form) in a written and signed request to the BCDS. Requests must be submitted to BCDS by mail, hand-delivery, or email:
Bureau of Child Development Services/Indiana First Steps
Attn: Dispute Resolution Coordinator
402 W. Washington St., W453
Indianapolis, IN 46204
Email: FirstStepsWeb@fssa.in.gov
If you need assistance in preparing your written state complaint, you may contact your service coordinator, your SPOE office, or the BCDS office..