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How Does The Law Protect Our Family's Rights?

Children and families served by the Infant-Toddler Program have certain rights that are protected by federal and state law. The rules that protect your rights are called Procedural Safeguards. These Procedural Safeguards are your protection that you will be the key decision maker and that agencies will follow required procedures. Your Child Service Coordinator will review these with you when the Infant-Toddler Program is first explained to you and at least every year after that. You will also be reminded of your rights at certain other times during your involvement with the Infant-Toddler Program.

The Infant-Toddler Program Procedural Safeguards are:

1. The right to a timely, multidisciplinary evaluation of your child within 45 days of his/her referral to the Infant-Toddler Program to help determine eligibility and to provide information to select appropriate early intervention services.
2. The right, if eligible for the Infant-Toddler Program, to have an Individualized Family Service Plan (IFSP) within 45 days of your child's referral to the Infant-Toddler Program.
3. The right, if eligible for the Infant-Toddler Program, to early intervention services that are identified and included in your IFSP.
4. The right to have these services begin within 30 days after signing the IFSP.
5. The right to have a Child Service Coordinator assist you with all aspects of the Infant-Toddler Program and ensure that your rights are protected.
6. The right to be invited, in writing, to attend and participate in all meetings in which a decision is expected to be made about eligibility for services, the beginning or ending of services, or changes in services.
7. The right to have meetings held at times and locations that are convenient to you.
8. The right to a written notice before evaluations are done or when Infant-Toddler Program services begin, end, or change.
9. The right to give written permission before any evaluations can be done and before services can begin, end, or change.
10. The right to know about services, including evaluations, before deciding whether to accept them. This includes purpose of the service, the way in which the service will be provided, the cost to you (if any), and the possible results of not agreeing to the proposed service.
11. The right to accept some evaluations and services while rejecting or stopping others.
12. The right to receive written and verbal information and notices in your native language or usual means of communication, unless this is clearly not possible.
13. The right to review and have copies of all early intervention policies and procedures of the agencies serving you.
14. The right to have certain information kept confidential by the specialists working with you and your child. It cannot be shared with anyone without your written permission.
15. The right to review and, if necessary, correct or comment on early intervention records related to evaluations, screenings, eligibility, and the IFSP.
16. The right to receive a copy of anything in your early intervention record.
17. The right to have someone assigned to protect a child's rights, if a parent or guardian is unknown or unavailable or if the child is in custody of the Department of Social Services.
18. The right, if eligible for Preschool Program services, to have a written Individualized Education Program (IEP) and to have services begin on your child's third birthday.
19. The right to disagree with services or with the way they are being provided and to request changes through established procedures (negotiation with the agency involved, mediation, or administrative hearing).
20. The right to continue receiving early intervention services while you are working out disagreements related to those services, unless you and the agency involved agree that this is not in the best interest of you or your child.
21. The right to use an advocate, lawyer, or any other representative you choose in any and all dealings with the Infant-Toddler Program.
22. The right to use judicial processes to resolve disagreements after you have tried to solve them through agency administrative procedures.
23. The right to file a complaint with the U.S. Department of Education that the state of North Carolina is not following the requirements of the Infant-Toddler Program.

You can get more information about these Infant-Toddler Program rights by asking your Child Service Coordinator or by looking in the North Carolina Infant-Toddler Program Manual, which is available from your Child Service Coordinator.

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