§1439 Procedural Safeguards

Summary

Requires the statewide early intervention system to give parents basic protections and ways to solve problems. Parents can file complaints that must be handled quickly. If they are unhappy with the outcome, they can sue in state court or in federal district court. Courts must look at the administrative records, can hear new evidence if asked, decide by the preponderance of the evidence, and order appropriate relief. Parents have a right to keep their child’s personal information private and must get written notice and give written permission before agencies share it. Parents can choose to accept or refuse any service for themselves, their baby, or other family members without losing other early intervention help. Parents may see records about testing, eligibility, and the individualized family service plan. If a child has no known parents or is a ward of the state, the system must assign a neutral surrogate to act for the parents; that person cannot work for the state agency or provide services to the child or family. Agencies must give parents written notice before they start, change, or refuse identification, evaluation, placement, or services, and that notice must be in the parents’ native language when reasonably possible. Parents can use mediation under section 1415, with the law’s references to state and local education agencies read instead as the state’s lead agency (see section 1435(a)(10)) or local service providers, and with “free appropriate public education” read as “appropriate early intervention services.” While a complaint or court action is pending, the child must keep getting the current early intervention services unless the parents and the state agree otherwise; children applying for initial services must get any services that are not disputed.