How the Law Works for You

In 1986, Congress passed Public Law 99-457, which added Part H (now called Part C) to the Individuals with Disabilities Education Act (IDEA). Part C is a national program established to assist each state in establishing a statewide system of services for children with developmental delays from birth to three years of age, and their families.

In Wisconsin, the Department of Health Services is the lead agency for the Birth to 3 Program, and has developed regulations that will guide the implementation of Wisconsin's Birth to 3 Program. These regulations are called Chapter DHS 90, Wisconsin Admin. Code. Birth to 3 Programs are provided by every county in Wisconsin.

Built into the Birth to 3 Program, through Part C and state regulations, are specific rights and procedural safeguards for children and families. These are your legal assurances that the Birth to 3 Program will follow specific procedures and that the IFSP will be developed and implemented in a voluntary, non-discriminatory manner, respecting your views and preferences about the services your child and family receive. The following are highlights from the procedural safeguards that define your rights in the early intervention process.

Informed Consent. This is the most basic of your family's rights. It ensures that you understand all information related to early intervention activities and that you voluntarily give your written permission before any service begins. Before you sign the consent form, the following things should be explained to you: the purpose of each service, the manner in which the service will be provided, the cost to you (if any), and possible consequences of not consenting to evaluation, assessment or proposed services. Your written consent for your child's evaluation or assessment will continue in effect until revoked by you or until your child is no longer receiving early intervention services.

Prior Written Notice. You must be given notice before a public agency or service provider proposes, provides, changes, or refuses an early intervention activity. Notice shall be provided in the language or alternative form of communication you usually use, unless this is clearly not feasible. Written notice of meetings will be provided to you enough in advance to allow you to make needed arrangements to attend.

Participation in the Evaluation, Development of the IFSP. You must be involved and consulted in the evaluation and assessment process. You will be invited to participate in the evaluation team (EI Team) meetings that determine your child’s eligibility.

IFSP meetings will not take place without you or your designee. Written notice will be provided early enough to ensure parent and other appropriate persons' attendance at the meeting. You may bring other family members, friends, or advisors to the IFSP meeting. You will be asked to sign the IFSP or another form to indicate consent for services.

Review and Confidentiality of Records. Review and Confidentiality of Records. When you ask to review your child's early intervention records, the records will be made available without unnecessary delay but not later than 15 working days from your request. If you ask for a copy of a record, one copy will be supplied free of charge. Review and Confidentiality of Records. When you ask to review your child's early intervention records, the records will be made available without unnecessary delay but not later than 15 working days from your request. If you ask for a copy of a record, one copy will be supplied free of charge.

The county agency is responsible for maintaining the confidentiality of your child's and family's early intervention record. Only administrative agency or provider agency employees who have a legitimate need for information from your record will have access to it. Confidential information will not be disclosed to any other agency or individual without your written consent.

How the Law Works for You (cont.)