The procedural safeguards shall be the same as required under Pub. L. No. 94-142 and Pub. L. No. 99-457 and shall provide the following at a minimum:
(1) (A) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding a complaint shall have the right to bring a civil action with respect to the complaint which may be brought in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.
(B) In any action brought under this subdivision (1), the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and shall grant relief as the court determines is appropriate, basing its decision on the preponderance of the evidence;
(2) The right to confidentiality of personally identifiable information which shall be protected through procedures such as appropriate access lists, sign-offs, and procedures for handling records;
(3) The opportunity for parents or guardians to examine records relating to assessment, screening, eligibility determinations, and the development and implementation of the individualized family service plan;
(4) Procedures to protect the rights of the infants and toddlers with disabilities whenever the parents or guardian of the child is not known or is unavailable or whenever the child is a ward of the state. The procedures shall include the assignment of an individual who shall not be an employee of the state agency providing services to act as a surrogate for the parents or guardian;
(5) Written prior notice to the parents or guardian of the infant or toddler with a disability whenever the state agency or service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation, placement, or provision of appropriate early intervention services to the infant or toddler with a disability;
(6) Procedures designed to assure that the notice required by subdivision (5) of this section fully informs the parents or guardian in the parents' or guardian's native language unless it clearly is not feasible to do so, of all procedures available pursuant to this section; and
(7) During the pendency of any proceeding or action involving a complaint, unless the state agency and the parents or guardian otherwise agree, the child shall continue to receive the appropriate early intervention services currently being provided, or if applying for initial services, shall receive the services not in dispute.
Section: Previous 20-14-502 20-14-503 20-14-504 20-14-505 20-14-506 20-14-507 20-14-508 NextLast modified: November 15, 2016