Your Rights as a Parent
Understanding your rights under NJ Early Intervention and IDEA Part C
Overview
As a parent of a child in New Jersey's Early Intervention System (NJEIS), you have important rights protected by federal law under Part C of the Individuals with Disabilities Education Act (IDEA). These rights ensure you are an active partner in your child's care.
Voluntary Participation & Consent
- Participation is voluntary - You and your family choose to participate in early intervention services.
- Right to decline services - You may decline any service after first accepting it without losing other early intervention services.
- Informed consent - You must give written consent before evaluations, assessments, and services begin.
- Revoke consent anytime - You may withdraw your consent at any time.
Records Access & Privacy
- Review your child's records - You have the right to inspect and review all early intervention records about your child.
- Privacy protection - Your written consent is required before any personally identifiable information is shared with others.
- Request corrections - You may request amendments to records you believe are inaccurate or misleading.
- Receive copies - You can request copies of your child's records at any time.
Evaluation & IFSP Rights
- Timely evaluation - Evaluations must be completed and eligibility determined within 45 days of referral.
- Multidisciplinary evaluation - Your child will be evaluated by qualified professionals in all areas of suspected delay.
- IFSP participation - You are a required member of the Individualized Family Service Plan (IFSP) team.
- Service initiation - Services should begin within 30 days of the IFSP being completed.
- Regular reviews - The IFSP must be reviewed at least every 6 months and evaluated annually.
Dispute Resolution Options
If you disagree with any decisions about your child's early intervention services, you have several options:
- Parent Liaison - Contact the Procedural Safeguards Office for advice and help understanding your options.
- Mediation - Request voluntary mediation to resolve disputes with the help of a neutral mediator.
- Due Process Hearing - Request a formal hearing to resolve disputes. Requests must be made within one year of the issue.
- State Complaint - File a written complaint with the NJ Department of Health if you believe the law has been violated.
Complaints must be resolved within 60 calendar days. You are not required to go through informal resolution before using formal options.
Additional Rights
- Native language - Evaluations and services should be provided in your native language when possible.
- Natural environments - Services should be provided in natural environments (home, community) to the maximum extent appropriate.
- Transition planning - You have the right to transition planning support as your child approaches age 3.
- No cost services - Early intervention services are provided at no cost to families.
Questions About Your Rights?
Contact the NJ Early Intervention System Procedural Safeguards Office:
Toll-Free: (888) 653-4463
Website: NJ EIS Family Rights
Need Help Understanding Your Rights?
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