Birth to 3 Program: Your Rights
Federal and state laws
The Individuals with Disabilities Education Act (IDEA) is a federal law. It helps protect children with disabilities. It makes sure those children can get the services they need. IDEA guides how states and public agencies provide:
- Early intervention
- Special education
- Other related services
Infants and toddlers with disabilities and their families receive early intervention services under IDEA Part C. Learn more about IDEA. Read Understanding Part C of IDEA.
In Wisconsin, the Department of Health Services (DHS) leads early intervention services. This is done through the Birth to 3 Program. DHS has rules to run the program across the state. Read those here: Wisconsin administrative code DHS 90.
Specific rights (Birth to 3 Program - Parent and Child Rights, P-21106) are built into the Birth to 3 Program. There are also legal safeguards built in. These are in place to protect children and their families. These safeguards ensure that the Birth to 3 Program will:
- Follow set rules.
- Respect your views and wishes about the services your family and child get.
Solving disagreements
There may be a time when you don’t agree with the services your child gets. This is called a dispute. As the caregiver of a child, you have the right to disagree with the decisions made. This could include decisions about:
- Whether or not your child qualifies.
- Assessment results.
- Services.
- How your child’s services are paid for.
Most counties have a local process for solving issues in the Birth to 3 Program. Please ask the support and service coordinator for more information.
You also have these options to help solve any issues:
- Go to mediation
- Ask for a due process hearing
- File an IDEA complaint