§1439 Procedural Safeguards

Summary

Require statewide early intervention programs to give parents and young children clear protections. Parents must get quick handling of complaints and can sue in state or federal court even if only a small amount is at stake. Courts will review the agency records, can hear new evidence if asked, decide by the preponderance of the evidence, and order appropriate relief. Parents must have privacy for personal information and must get written notice and agree in writing before that information is shared. Parents can accept or refuse services without losing other services. Parents can look at records about tests, eligibility, and the family’s service plan. If parents are unknown, cannot be found, or the child is a state ward, a surrogate must be appointed who is not a state employee or a provider for the child or family. Agencies must give parents written advance notice before starting, changing, or refusing identification, evaluation, placement, or services, and that notice should be in the parents’ native language when feasible. Parents may use mediation under section 1415 with small changes that replace school agency terms with the lead agency or service provider and apply to early intervention services. While a complaint or action is pending, the child must keep getting the current appropriate services, or initial services not in dispute, unless parents and the agency agree otherwise.