Page:United States Statutes at Large Volume 100 Part 2.djvu/50

 100 STAT. 1152

PUBLIC LAW 99-457—OCT. 8, 1986 "(1) for direct services for handicapped infants and toddlers that are not otherwise provided from other public or private sources, and "(2) to expand and improve on services for handicapped infants and toddlers that are otherwise available. PROCEDURAL SAFEGUARDS

state and local governments. 20 USC 1480.

Classified information.

680. The procedural safeguards required to be included in a statewide system under section 676(b)(12) 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, which action may be brought 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. "(3) The opportunity for parents and a guardian to examine records relating to assessment, screening, eligibility determinations, and the development and implementation of the individualized family service plan. "(4) Procedures to protect the rights of the handicapped infant and toddlers whenever the parents or guardian of the child are not known or unavailable or the child is a ward of the State, including the assignment of an individual (who shall not be an employee of the State agency providing services) to act as a surrogate for the parents or guardian. "(5) Written prior notice to the parents or guardian of the handicapped infant or toddler whenever the State agency or service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation, placement, or the provision of appropriate early intervention services to the handicapped infant or toddler. "(6) Procedures designed to assure that the notice required by paragraph (5) fully informs the parents or guardian, in the parents' or guardian's native language, unless it clearly is not feasible to do so, of all procedures available pursuant to this section. "(7) During the pendency of any proceeding or action involving a complaint, unless the State agency and the parents or guardian otherwise agree, the child 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. ''SEC.

"PAYOR OP LAST RESORT 20 USC 1481.

"SEC. 681. (a) NONSUBSTTTUTION.—Funds provided under section 673 may not be used to satisfy a financial commitment for services which would have been paid for from another public or private

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