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.
Legal Rights in Early Intervention