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(13.9) My child is now receiving Early Start services. At our initial IEP meeting, the school district disagrees with me about her need for special education services. Will she continue to receive Early Start services until the disagreement is resolved?

(13.9) My child is now receiving Early Start services. At our initial IEP meeting, the school district disagrees with me about her need for special education services. Will she continue to receive Early Start services until the disagreement is resolved?

No. If, at the initial IEP meeting, you and the district disagree about which services your child will need, you may resolve the disagreement by filing for due process. Until the disagreement is resolved, your child is not entitled to continue receiving the early intervention services she had been receiving from the school district or regional center.  [34 C.F.R. Sec. 300.518(c); Cal. Ed. Code Sec. 56505(d).]  The district may, however, offer your child fewer or other services.  If you give your consent, the district must provide those services while your dispute is pending.  See Chapter 6, Information on Due Process/Compliance Procedures.    

If your child is a regional center client, you have the option of requesting an Individual Program Plan (IPP) meeting to discuss continuation of Part C services. The regional center may continue providing services:  (1) until the beginning of the next school term following your toddler’s third birthday (when the district’s special education preschool program is not in session); and (2) the team determines services are necessary until the preschool program resumes.  [17 C.C.R. Sec. 52112(f).]