Parental Rights
Mediation
brochures- in PDF:
Parent Rights- in PDF:
Parent Rights under
IDEA Part C
Families of infants and toddlers with developmental delay or
disability “Stay in Charge”.
What the law
says
When a family
has a baby with special needs, life may be more complicated than
expected. No one is more important to a child’s development
than the child’s family. That is why the parent must Stay In
Charge by knowing their rights under federal law. This
booklet was written to help achieve that goal.
There is a
federal l called the Individuals with Disabilities Education Act
(IDEA) that supports special education for children with
disabilities or developmental delays.
Part C of this law covers services for infants and
toddlers and guarantees certain rights, called procedural
safeguards, for their families. Families’ rights under IDEA
begin from the point of referral to Birth to Three.
Birth to Three does not discriminate on the basis of
race, culture, religion, income level, or disability.
If you would
like a complete copy of IDEA go to
www.birth23.org/lawsandregulations, or you may ask
your regional manager for a printed copy.
IDEA
gives parents the following protections:
1. The right
to give informed written consent:
A
parent must give written permission before their child may be
evaluated, before services begin or are changed, and before
information about their child or family is shared with anyone
else. A parent is given complete information and explanations
before being asked to make decisions or give written consent.
Written consent may be cancelled in writing at any time.
2. The right
to receive written prior notice:
Parents must receive written notice before any evaluations or
assessments can take place and before each meeting to review the
Individualized Family Service Plan (IFSP – see number 3). This
prior notice must be received a reasonable amount of time before
any of these activities take place. It must be in the parent’s
native language unless it is clearly not feasible to do so, and
must also tell families about their rights.
3. The right to a
coordinated Individualized Family Service Plan (IFSP):
A
written plan, called an IFSP, is developed by a team to record
the family’s goals for themselves and their child, list the
Birth to Three services that will best help reach those goals,
and describe when, where, and how services will be delivered.
Parents can choose to reject some types of service on the IFSP
without affecting other early intervention services.
The
parent and other family members work with the service
coordinator and other providers (if appropriate) to create the
IFSP. Parents may invite anyone they wish to their IFSP
meetings, including an advocate. The IFSP is reviewed at least
every six months, or sooner if requested. Parents are involved
in planning the time, date, and place of these reviews to ensure
their participation. Parents may request a review of their IFSP
at any time, even if one recently took place.
4. The right
to receive services in natural environments:
Services are focused on the family’s and child’s daily routines
and are designed to be carried out within regular
activities. This helps caregivers learn strategies for teaching
the child new skills that may be practiced throughout the day.
When a service needs to be provided anywhere other than a
natural environment, the IFSP team must provide written
justification on the IFSP.
5. The right to confidentiality:
Access to any information that personally
identifies the child or a family member is limited to selected
Birth to Three staff (and U.S. Dept. of Education staff if they
were to monitor the Connecticut Birth to Three System).
Families must agree in writing before any information from their
child’s electronic or written records may be shared with anyone
else.
6. The
right to review records:
Parents may inspect, review, and receive a copy of their child’s
records. They may ask their Birth to Three program to make
changes to the records if they think anything is wrong or to add
anything they think is incomplete. If the program disagrees
with the request to change the child’s records, a family may
request a hearing to challenge the decision.
7. The right to file a written complaint:
Although the quickest way to resolve a concern is to talk with a
service coordinator, program director, Child Development
Infoline, or Birth to Three Regional Manager, parents may also
file a written complaint with their regional manager if they
think their rights have been violated or that there has been a
violation of the law. The Birth to Three System will
investigate the complaint and respond in writing within sixty
calendar days of the receipt of the complaint. While the
disagreement is being resolved, the child will continue to
receive early intervention services as written on the current
IFSP unless the parents and service providers agree otherwise or
the child reaches his third birthday.
8. A process to resolve disputes:
Another way to resolve disagreements or notify
the System that the law may have been violated is to request
mediation or a hearing. Ask your service coordinator, regional
manager, or Child Development Infoline for a copy of the Birth
to Three brochure entitled, Principles of Mediation or
another brochure called, Due Process Hearings for more
information. Again, any request for mediation or a hearing will
not affect your family’s services.
Questions?
For more information about your rights, to talk with someone
about your concerns, or to file a written complaint contact your
Regional Manager or the Child Development Infoline.
Addresses for the Regional Managers are subject to change.
Please call to confirm before writing.
Child Development Infoline
Ph.
1-800-505-7000 fax. 860-571-6853
1344 Silas Deane Highway
Rocky Hill, CT 06067
e-mail via:
www.birth23.org
North Region
Tammy Garris
ph. 860-263-2509 fax. 860-263-2521
155 Founders Plaza
255 Pitkin Street
East Hartford, CT 06108
tammy.garris@po.state.ct.us
West Region
Tom Coakley
ph. 203-642-5089 fax. 203-642-5085
146 Silvermine Avenue
Norwalk, CT 065850
thomas.coakley@po.state.ct.us
South Region
Lynn
Skene Johnson
ph. 203-294-5170 fax.
203-294-0220
104 South Turnpike Road
Wallingford, CT 06492
lynn.s.johnson@po.state.ct.us
En Espanol
