Starting Out Together

What are the Laws?

The California Early Start Program for infants and toddlers with disabilities and their families was established by state law in compliance with Part H of the Federal Individuals with Disabilities Education Act (IDEA). Parents' rights are defined in the federal Part H regulations (Section 303.400 - 460) and the California Early Intervention Services Act. Some of the features that establish and protect your rights as a member of a family served in an early intervention program follow: picture of boy

Informed Consent

Informed consent requires that you are provided key information; for example, the purpose of each service, the manner in which the service will be provided, the cost (if any) to you, and the consequences of not consenting (usually services cannot be provided). Your written consent indicates that you understand and voluntarily give permission for the proposed action.

Prior written Notice

Prior written notice must be given to you before an agency or service provider proposes, provides, changes, or refuses an early intervention activity. Notice should be given in the language you usually use, and written notice of meetings should be given in advance to allow you to make arrangements to attend.

Review of Records

Review of records concerning your child's involvement in an early intervention service is always possible. Records must be made available without unnecessary delay (not later than 5 working days from your request). If requested, one copy will be supplied.

Confidentiality of Records

Confidentiality of records of your family's involvement in early intervention services must be maintained by the agencies providing services. Only those staff members with a legitimate need for information in the record will have access to them, and agencies will not share confidential information with other agencies or individual providers without your written consent. picture of children playing

Resolution of Concerns

Resolution of concerns regarding services or disagreements about decisions concerning your child is available to you through informal discussion at the local level with the appropriate professionals. If this is not satisfactory, there are more formal options for administrative resolution provided in the law. The processes following are available to parents.

1. Mediation and Due Process Hearings

Mediation and due process hearings are the processes for resolving individual disagreements between a parent or legal guardian and the regional center or local education agency (LEA) providing early intervention services under the California Early Intervention Services Act. The disagreement may involve the identification, evaluation, assessment, placement, or the provision of appropriate early intervention services. Your child's early intervention services may not be changed during the mediation or hearing process unless you and the regional center and/or LEA agree to the changes.

A due process hearing is when an impartial hearing officer considers both sides of the disagreement. At the hearing you may be accompanied and advised by counsel, if you wish, and present and cross-examine written evidence and testimony. The decision of the hearing officer is final. You have the right to appeal the decision to a court of competent jurisdiction.

Requests for mediation and/or a due process hearing are filed with the Office of Administrative Hearings (OAH). OAH will issue a written decision within 30 calendar days from the date they receive the request. Your service coordinator is there to help you prepare and submit your request for mediation and/or a due process hearing.

2. Compliance Complaints

A compliance complaint may be filed with the state Department of Developmental Services (DDS) if you believe that any agency responsible for providing early intervention services under the California Early Intervention Services Act has violated an early intervention law or regulation. Complaints should be in writing, signed, and include a statement describing the complaint and the facts upon which it is based or the reasons you have for disagreeing. Your service coordinator is there to help you prepare and submit your compliance complaint.

early Intervention logo

DDS will conduct an investigation and issue a written decision within 60 calendar days from the date they receive the compliance complaint. You have the right to appeal the final decision to the U.S. Secretary of Education.


Early Start Contents



For more information, contact:

Napa County Office
10 Executive Court, Suite A
Napa, CA 94558
Telephone (707) 256-1100
Fax (707) 256-1112
TDD (707) 257-0213

Emergency Response:
(800) 884-1594 (evenings/weekends)
Sonoma County Office
2351Mendocino Avenue
Santa Rosa, CA 95403
Telephone (707) 569-2000
Fax (707) 542-9727
TDD (707) 525-1239

Current page design by Scot Cleveland.
Initial page design by Janet M. Perry.
Page copyright North Bay Regional Center.
Page powered by NapaNet, Inc.