20 U.S.C. § 1480
Section 1480 · Procedural safeguards
Amended 4 times on record
The procedural safeguards required to be included in a statewide system under section 1476(b)(12) of this title shall provide, at a minimum, the following:
(1) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding an administrative complaint shall have the right to bring a civil action with respect to the complaint, which action 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. In any action brought under this paragraph, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.
(2) The right to confidentiality of personally identifiable information, including the right of parents or guardians to written notice of and written consent to the exchange of such information among agencies consistent with Federal and State law.
(3) The right of the parents or guardian to determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service under this subchapter in accordance with State law without jeopardizing other early intervention services under this subchapter.
(4) The opportunity for parents or a guardian to examine records relating to assessment, screening, eligibility determinations, and the development and implementation of the individualized family service plan.
(5) Procedures to protect the rights of the infant or toddler with a disability whenever the parents or guardian of the child are not known or unavailable or the child is a ward of the State, including 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.
(6) 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 the provision of appropriate early intervention services to the infant or toddler with a disability.
(7) Procedures designed to assure that the notice required by paragraph (6) 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.
(8) 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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1991—Pub. L. 102 119, §25(b), amended directory language of Pub. L. 101 476. See 1990 Amendment note below.
Par. (2). Pub. L. 102 119, §17(1), inserted before period at end “, including the right of parents or guardians to written notice of and written consent to the exchange of such information among agencies consistent with Federal and State law”.
Pars. (3) to (6). Pub. L. 102 119, §17(2), (3), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively. Former par. (6) redesignated (7).
Par. (7). Pub. L. 102 119, §17(2), (4), redesignated par. (6) as (7) and substituted “paragraph (6)” for “paragraph (5)”. Former par. (7) redesignated (8).
Par. (8). Pub. L. 102 119, §17(2), redesignated par. (7) as (8).
1990—Pars. (4), (5). Pub. L. 101 476, as amended by Pub. L. 102 119, §25(b), substituted “infant or toddler with a disability” for “handicapped infant or toddler” in par. (4) and in two places in par. (5).
1988—Par. (3). Pub. L. 100 630, §108(i)(1), substituted “or a guardian” for “and a guardian”.
Par. (4). Pub. L. 100 630, §108(i)(2), substituted “or toddler” for “and toddlers”.
Par. (7). Pub. L. 100 630, §108(i)(3), substituted “or, if applying for initial services,” for “or if applying for initial services”.
Effective Date of 1991 Amendment
Amendment by section 17 of Pub. L. 102 119 effective July 1, 1992, except that each State has option to have amendment apply earlier than such date, see section 27(b) of Pub. L. 102 119, set out as a note under section 927 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101 476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101 476, set out as a note under section 1087ee of this title.