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Birth to 3 Program: Individuals with Disabilities Education Act Complaint

You may file a complaint with the Wisconsin Department of Health Services (DHS) if you believe a county agency that provides early intervention services has:

How to submit a complaint

The person filing the complaint must send a copy of the complaint to the local Birth to 3 Program serving their child. The copy should be sent at the same time the complaint is made to DHS.

Complaints must be in writing. They must also be signed. And they must include:

  • A statement as to why you believe a county agency has violated early intervention law.
  • The facts the statement is based on.
  • The contact information for the person making the complaint.

If the complaint involves a specific child, the complaint should include:

  • The name of the child.
  • The child’s address.
  • The name of the Birth to 3 Program the child is part of.
  • A description of the problem. Include any known facts.
  • How you would like the problem to be fixed.

What happens after a complaint is submitted

DHS must provide the county Birth to 3 Program with the chance to respond to the complaint, including the opportunity to offer a solution to the complaint and for the family and county program to engage in mediation if they want. DHS must look into a complaint and issue a written decision within 60 days of receiving it. DHS can take longer than 60 days if special circumstances exist. For example, it may take longer if the parent and Birth to 3 Program agree to make time for mediation.

DHS may find that the county Birth to 3 Program has made violations. In that case, the program must develop and carry out a plan to correct the violations.

The copy of a complaint for DHS should be sent to:

Part C Coordinator/Birth to 3 Program
Department of Health Services
Division of Medicaid Services
1 West Wilson St.
PO Box 7851
Madison, WI 53707-7851 6
08-327-0237 (fax)

Decisions about complaints received by the Birth to 3 Program are posted per the DHS complaint process.

Contacts

For more information about filing a complaint, please contact the program coordinator at your county Birth to 3 Program. Or email Tara Sommersberger from the state Birth to 3 Program at tara.sommersberger2@dhs.wisconsin.gov.

Last revised July 18, 2022