The Department’s system shall include procedural safeguards which include, at a minimum, the following:

(1) Availability of mediation and an impartial, timely administrative hearing, in which hearing the burden of proof and persuasion rests with the respondent agency, to resolve parental complaints;

(2) Confidentiality of personally identifiable information;

(3) Parental option to accept or decline early intervention services without jeopardizing eligibility for other early intervention services;

(4) Parental opportunity to examine and obtain copies of relevant records either without charge, or, if authorized by departmental regulation, at a fee not to exceed actual cost;

(5) Procedures to ensure the appointment of a surrogate decision-maker if an eligible child is the ward of the State or the child’s parents cannot be identified or located;

(6) Prior written parental notice whenever a participating agency or service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation or placement of an eligible child or the provision of early intervention services;

(7) Procedures to ensure that notice required under paragraph (6) of this section fully and effectively informs parents of the procedural safeguards identified in this section; and

(8) Procedures to ensure, in the absence of contrary agreement, the continuation of early intervention services during the pendency of any proceeding or action involving a parental complaint or, in the context of initial application, provision of services not in dispute.

71 Del. Laws, c. 286, § 4.