 
         CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
 
         SUBCHAPTER III--INFANTS AND TODDLERS WITH DISABILITIES
 
Sec. 1439. Procedural safeguards


(a) Minimum procedures

    The procedural safeguards required to be included in a statewide 
system under section 1435(a)(13) 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 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 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 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 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 
    whenever the parents of the infant or toddler are not known or 
    cannot be found or the infant or toddler is a ward of the State, 
    including the assignment of an individual (who shall not be an 
    employee of the State lead agency, or other State agency, and who 
    shall not be any person, or any employee of a person, providing 
    early intervention services to the infant or toddler or any family 
    member of the infant or toddler) to act as a surrogate for the 
    parents.
        (6) Written prior notice to the parents 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, or placement of the infant or toddler 
    with a disability, or the provision of appropriate early 
    intervention services to the infant or toddler.
        (7) Procedures designed to ensure that the notice required by 
    paragraph (6) fully informs the parents, in the parents' native 
    language, unless it clearly is not feasible to do so, of all 
    procedures available pursuant to this section.
        (8) The right of parents to use mediation in accordance with 
    section 1415(e) of this title, except that--
            (A) any reference in the section to a State educational 
        agency shall be considered to be a reference to a State's lead 
        agency established or designated under section 1435(a)(10) of 
        this title;
            (B) any reference in the section to a local educational 
        agency shall be considered to be a reference to a local service 
        provider or the State's lead agency under this subchapter, as 
        the case may be; and
            (C) any reference in the section to the provision of free 
        appropriate public education to children with disabilities shall 
        be considered to be a reference to the provision of appropriate 
        early intervention services to infants and toddlers with 
        disabilities.

(b) Services during pendency of proceedings

    During the pendency of any proceeding or action involving a 
complaint by the parents of an infant or toddler with a disability, 
unless the State agency and the parents otherwise agree, the infant or 
toddler 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.

(Pub. L. 91-230, title VI, Sec. 639, as added Pub. L. 105-17, title I, 
Sec. 101, June 4, 1997, 111 Stat. 115.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1401, 1435 of this title.
