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Special education Law Blog

Legal Rignts in Early Intervention

2/20/2011

3 Comments

 
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Special Education rights begin at birth.  From birth until age three, children who qualify for special education services under Part C of the Individuals with Disabilities Education Act (IDEA) receive supports and services through Early Intervention.  In Massachusetts, the agency responsible for implementing Early Intervention services is the Massachusetts Department of Health and Human Services. 

Just as the IEP main document for programming the services to be given a child with disabilities under Part B of the IDEA, the principal document for identifying services for an infant or toddler under Part C is the Individualized Family Service Plan (IFSP).

The IFSP must provide the child with a Free Appropriate Public Education (FAPE).  If you believe Early Intervention is denying your child a Free Appropriate Public Education, you have the right to request a Due Process Hearing and have an impartial hearing officer decide if your child is receiving FAPE through Early Intervention.  IDEA also provides parents of children in Early Intervention other rights, including the right of Parental Participation.

If you need help advocating for your child's rights, contact Boston area attorney Lillian E. Wong today.


3 Comments
Early Intervention link
3/8/2011 07:19:18 am

Thank you for sharing this information regarding Special Education rights. This information will be very helpful for the parents and families of children in Early Intervention. Informative post.

Reply
MA Estate Planning link
3/11/2011 05:05:19 am

Great blog Lillian. Certainly an important resource for your clients and for all parents of special needs children. Keep up the good work.

Reply
Mark
4/13/2011 02:53:45 pm

Would this mean, I could contact an attorney because early intervention refuses to have an ABA specialist evaluate my child, despite the fact that a developmental specialist has recommended it. There reasoning is, he's not been diagnosed wit autusim but the psychologist and medical doctor who evaluated him both suggested ABA therapy.

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It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)

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