Your Rights as a Parent in the Early Intervention Program (continued)
As a parent, you have the right to...
- Ask what materials are being collected and kept in your child's record by your Early Intervention Official and service providers.
- Ask who has access to your child's record and who has seen or has copies of the record.
- Review—in person or through a representative — your child's record at any time. Your service coordinator can help you arrange to see your child's record. A sample letter of request is on page 36.
- Ask for copies of any of the materials in your child's record. You may be charged a small fee for copying.
- Request that changes be made to your child's record. If you feel that any information in your child's record is wrong, misleading, or violates your child's and family's privacy and rights, you may ask your Early Intervention Official, service coordinator, evaluator, or service provider to correct or change the information. Once you ask for a change, the person you asked must tell you in 10 days whether:
- the change has been made as you requested; or,
- your child's record has not been changed.
If your Early Intervention Official, service coordinator, evaluator, or service provider disagrees and will not make the change you asked for, you may have a statement placed in your child's record about your concerns.
You can also appeal the decision and ask your Early Intervention Official for an administrative hearing. The hearing will be conducted by a local official who has no direct interest in the hearing results. This hearing must be held within 30 days and conducted in accordance with the Family Educational Rights and Privacy Act (FERPA).
If you and your Early Intervention Official disagree
Sometimes, parents and Early Intervention Officials do not agree on what early intervention services should be in the Individualized Family Service Plan (IFSP). For example, you may not agree with your Early Intervention Official about:
- The kinds of services your child and family should have.
- How often services should be provided.
- How long services should be provided.
- What service model is best.
- Where services should be provided.
Parents have the right to use either mediation, an impartial hearing, or both to resolve disagreements with their Early Intervention Official about early intervention services. There is no cost to you for either a mediation or an impartial hearing.
Any early intervention service in the IFSP that you and your Early Intervention Official agree on can be provided while you take part in either mediation or an impartial hearing.