IDEA Part C Procedural Safeguards
If your child is between the ages of 0-3 and has been affected by these cuts, you have Federal safeguard rights that are meant to protect your child. Early intervention is partially funded by both State and Federal dollars, thus you must take action and appeal your child's termination of services. Follow the appeals process (Administrative Review) carefully that is specifically detailed in the DES letter -- you have 35 days from the date of the letter to appeal.
Here is a sample letter:
To Whom It May Concern:
My child is 2 years old and has a diagnosis of ___________. He/she has been receiving one hour per week of occupational therapy and speech therapy since July 2008, along with two hours per week with a developmental specialist. I received a letter from DES dated March 3, 2009, informing me that my child would no longer be receiving any therapies after March 13, 2009, due to the State's economic hardships.
I respectfully request an Administrative Review and appeal this decision to remove services from my child. My child is entitled to early intervention services based on the Individuals with Disabilities Education Act (IDEA). According to Federal IDEA policy, services can only be stopped if the parents choose to withdraw their consent to participate or the child no longer needs services. Neither of which is the case. Also according to IDEA, services must stay in place while dispute resolution takes place.
Removing services from my child in this manner is a direct violation of IDEA, and I fully intend to dispute this removal of early intervention services.
Sincerely,
Can anyone tell me how to start the appeal process with DDD in order to get the Hab M program for my 5 year old son?
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