20 U.S.C. § 1439 : US Code - Section 1439: Procedural safeguards

Search 20 U.S.C. § 1439 : US Code - Section 1439: Procedural safeguards

(a) Minimum procedures
The procedural safeguards required to be included in a statewide
system under section 1435(a)(13) of this title shall provide, at a
minimum, the following:
(1) The timely administrative resolution of complaints by
parents. Any party aggrieved by the findings and decision
regarding an administrative complaint shall have the right to
bring a civil action with respect to the complaint in any State
court of competent jurisdiction or in a district court of the
United States without regard to the amount in controversy. In any
action brought under this paragraph, the court shall receive the
records of the administrative proceedings, shall hear additional
evidence at the request of a party, and, basing its decision on
the preponderance of the evidence, shall grant such relief as the
court determines is appropriate.
(2) The right to confidentiality of personally identifiable
information, including the right of parents to written notice of
and written consent to the exchange of such information among
agencies consistent with Federal and State law.
(3) The right of the parents to determine whether they, their
infant or toddler, or other family members will accept or decline
any early intervention service under this subchapter in
accordance with State law without jeopardizing other early
intervention services under this subchapter.
(4) The opportunity for parents to examine records relating to
assessment, screening, eligibility determinations, and the
development and implementation of the individualized family
service plan.
(5) Procedures to protect the rights of the infant or toddler
whenever the parents of the infant or toddler are not known or
cannot be found or the infant or toddler is a ward of the State,
including the assignment of an individual (who shall not be an
employee of the State lead agency, or other State agency, and who
shall not be any person, or any employee of a person, providing
early intervention services to the infant or toddler or any
family member of the infant or toddler) to act as a surrogate for
the parents.
(6) Written prior notice to the parents of the infant or
toddler with a disability whenever the State agency or service
provider proposes to initiate or change, or refuses to initiate
or change, the identification, evaluation, or placement of the
infant or toddler with a disability, or the provision of
appropriate early intervention services to the infant or toddler.
(7) Procedures designed to ensure that the notice required by
paragraph (6) fully informs the parents, in the parents' native
language, unless it clearly is not feasible to do so, of all
procedures available pursuant to this section.
(8) The right of parents to use mediation in accordance with
section 1415 of this title, except that -
(A) any reference in the section to a State educational
agency shall be considered to be a reference to a State's lead
agency established or designated under section 1435(a)(10) of
this title;
(B) any reference in the section to a local educational
agency shall be considered to be a reference to a local service
provider or the State's lead agency under this subchapter, as
the case may be; and
(C) any reference in the section to the provision of a free
appropriate public education to children with disabilities
shall be considered to be a reference to the provision of
appropriate early intervention services to infants and toddlers
with disabilities.
(b) Services during pendency of proceedings
During the pendency of any proceeding or action involving a
complaint by the parents of an infant or toddler with a disability,
unless the State agency and the parents otherwise agree, the infant
or toddler shall continue to receive the appropriate early
intervention services currently being provided or, if applying for
initial services, shall receive the services not in dispute.