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:
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 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
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 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.
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.
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.
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.
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
| 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) |
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| Sonoma County
Office 2351Mendocino Avenue Santa Rosa, CA 95403 Telephone (707) 569-2000 Fax (707) 542-9727 TDD (707) 525-1239 |
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