Rights of Families Under IDEA
Basic Rights of Families Under Part C of IDEA
1. Informed Consent
You must give your permission before anyone provides any early intervention services for your child. If your child needs early intervention services, you should be provided as much information as you need to make a decision. Ask questions until you understand so that you can make the best decision possible.
2. Information in your Native Language
All spoken and written information must be given to you in the language that you usually speak.
3. Evaluation
A team of qualified professionals will help you look at how your child is developing, whether or not your child is eligible for the public Part C program and what the most important needs of your baby and family are right now.
4. Individualized Family Service Plan (IFSP)
A planning team of professionals, including you and other family members, will develop a plan to identify the most important supports and services that your child and your family need right now. This plan is voluntary, but if you want it done, it should be completed within 45 days after you first ask for help.
5. Service Coordination
There should be one person to help you and your family arrange all of the services and supports that you need. You should be able to call this person whenever you have questions or have identified additional needs.
6. Service Provision in Natural Environments
When the planning team agrees on what services will be provided for your child or your family to meet identified outcomes, those services should be provided in the context of your everyday routines, activities and places.
7. Transition Planning
Your service coordinator should help you to plan for a smooth transition into appropriate supports and services when your child turns 3. This planning should begin at least six months before your child's 3rd birthday.
8. Timeliness of Services
An evaluation and IFSP must be completed within 45 days of when you first ask. Services should begin right away after the IFSP is written. Your IFSP should be reviewed at least every six months. Planning for transition should begin six months before your child turns age 3.
9. Right to Decline Services
If you do not want a service that is offered by the IFSP team, you may decline to participate in that service. This should not prevent you from receiving any other services that are offered.
10. Confidentiality
All of the information that agencies collect about you and your child must be kept private. You must give permission in order for information to be shared from one agency to another.
11. Access to Records
You have the right to review and have copies of any records that are kept about your child and family. If you think that information in a record is inaccurate, you may ask to have it changed or you may add new information of your own.
12. Dispute Resolution
Mediation
State Complaints
Due Process hearings