TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER e: EARLY CHILDHOOD SERVICES
PART 500 EARLY INTERVENTION PROGRAM
SECTION 500.135 MINIMUM PROCEDURAL SAFEGUARDS


 

Section 500.135  Minimum Procedural Safeguards

 

a)         The following minimal procedural safeguards are required by IDEA, regarding Part C early intervention services:

 

1)         The timely administrative resolution of complaints by parents and the right to bring civil action with respect to the complaint in State or federal court;

 

2)         The right to confidentiality of personally identifiable information, including the right of parents to written notice and written consent to exchange of information among agencies, consistent with federal and State law;

 

3)         The right of the parents to determine whether they, their child or other family members will accept or decline any early intervention service under this Part without jeopardizing other early intervention services under this Part;

 

4)         The opportunity for parents to examine records relating to evaluation, screening, eligibility determination, and the development and implementation of the Individualized Family Service Plan;

 

5)         Procedures to protect the rights of the child when the parents are not known or cannot be found, or the child is a ward of the State, including the assignment of an individual (who is not an employee of a State agency, a family member or an early intervention services provider) to act as a surrogate;

 

6)         Written prior notice to the parents of the child when the State agency or service provider proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, or placement of the child in, or the provision of, appropriate early intervention services;

 

7)         Procedures designed to ensure that the written prior notice in subsection (a)(6) fully informs the parents in the parents' native language, unless it is clearly not feasible to do so, of all procedures available as set forth in this Section;

 

8)         The right of parents to use mediation in accordance with 20 USC 1439(a)(8).

 

b)         Regional intake entities and other providers of Part C early intervention services shall not violate the procedural safeguards and rights set forth in subsection (a). Furthermore, to the extent that they participate in any activity requiring procedures and rights in subsection (a), they shall comply with those procedures, assure the protection of those rights, and give clients timely and effective notice of those rights.

 

(Source:  Amended at 32 Ill. Reg. 2161, effective January 23, 2008)