The Early Start program serves infants and toddlers from birth to 36 months old with disabilities.  Regional centers and school districts provide early intervention services through Early Start, until a child’s 3rd birthday.

Assessment

Anyone can refer an infant or toddler to the Early Start program at the regional center or a school district.  All infants and toddlers suspected to need early intervention services should get a complete multidisciplinary evaluation and assessment quickly.

Eligibility

Infants and toddlers are eligible for Early Start services if they have:

• A developmental delay
• Established risk conditions, or
• A high risk of having a developmental disability.

Developmental delay means a difference between the expected level of development for your child’s age and their current functioning level.  As of June 30, 2022, this means a 25% delay in one or more of these six developmental areas:

1. Cognitive
2. Physical (including gross and fine motor, vision, and hearing)
3. Expressive communication
4. Receptive communication
5. Social or emotional, or
6. Adaptive.

Established risk conditions are conditions with a known cause or established harmful developmental consequences.  The condition should be diagnosed by a professional.  It should be very likely to lead to a developmental delay, if not clear at diagnosis.

High risk of having a substantial developmental disability means a combination (two or more) of biomedical risk factors identified by a professional.  These include:

• Prematurity or low birth weight
• Low Apgar scores
• Neonatal seizures
• Prenatal substance exposure
• Accident or illness that may seriously or permanently affect the child’s developmental outcome, or
• Other factors

Within 45 days of referral, the regional center or school district must do assessments and meet to discuss eligibility.  If your child is eligible, they must also develop services in the Individual Family Service Plan (IFSP) within those 45 days.

Written Notice If Your Child is Not Eligible

If you and the regional center or school district do not agree on if your infant or toddler is eligible for services, they must give you a notice.  The notice must:

• Be in the native language of your family,
• Use words most people can understand,
• Say the action the regional center is proposing or refusing,
• Say the reason for the action,
• Describe mediation, and
• Say how to file a state complaint, a due process complaint, and give any timelines.

Mediation

You may request mediation if the regional center or school district says your child is not eligible or you disagree about assessment.  An Early Start Mediation Conference is a way to informally resolve the disagreement.  You have the choice to do mediation or not.  You can do mediation as a first step to resolve the issue.  You can also ask for mediation during a complaint or due process appeal and hearing process, if you think it would be more appropriate.  You can bring someone to help you at the mediation.  Anything you discuss at mediation to try to resolve the issue is confidential and cannot be used as evidence at a due process hearing.

Go to the Early Start Mediation page for more information.  You will find the mediation request form in English and Spanish, and where to send it.

Due Process Hearing

You may request an Early Start Due Process Hearing if the regional center or school district says your child is not eligible or you disagree about assessment.  The hearing is more formal than mediation, and a judge makes a final decision.

Go to the Early Start Due Process page for more information.  You will find the due process request form in English and Spanish, and where to send it.

To prepare for your hearing, gather information that shows that your child meets the eligibility requirements.  Make sure the information you use is correct and explains your child’s needs in detail.  Also, find people who are willing to go to your hearing and tell the judge how your child qualifies.

During the Early Start hearing process, you have a right to:

• Confidentiality,
• See your records and stop the use of any records you have not seen 5 days before the hearing,
• Be present and give evidence by speaking or writing,
• Have family, friends, therapists, or doctors testify,
• Use a lawyer or advocate,
• Have an interpreter if your primary language is not English, and
• Get a decision 30 days after filing for due process.

State Complaint

If you believe the regional center or school district violated state or federal law about Early Start, including eligibility, you can file a complaint.  Any person or organization can file a complaint.  You must file a complaint within one year of the violation.  If you are asking for reimbursement or corrective action, you must file the complaint within 3 years of the violation. 

Go to the Early Start State Complaint page for more information.  You will find the complaint form in English and Spanish, and where to send it.  The Department of Developmental Services will investigate your complaint and send a written decision within 60 days.

If you need more information about how to get Early Start services, call (800) 515-BABY (2229) or e-mail earlystart@dds.ca.gov.

For information on early intervention services and Individual Family Support Plans (IFSPs), please see DRC’s Special Education Rights and Responsibilities Chapter 12.