Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 500 - EARLY INTERVENTION PROGRAM
Subpart E - PROCEDURAL SAFEGUARDS/CLIENT RIGHTS
Section 500.135 - Minimum Procedural Safeguards
Universal Citation: 89 IL Admin Code ยง 500.135
Current through Register Vol. 48, No. 38, September 20, 2024
a) The following minimal procedural safeguards are required by IDEA, regarding Part C EI 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, consistent with Section
500.140;
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, consistent with Section
500.150;
3) The right of the parents to determine
whether they, their child or other family members will accept or decline any EI
service under this Part without jeopardizing other EI services under this Part,
consistent with Section
500.155;
4) The opportunity for parents to examine
records relating to evaluation, screening, eligibility determination, and the
development and implementation of the IFSP, consistent with Section
500.150;
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 EI services
provider) to act as a surrogate, consistent with Section
500.160;
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 EI services, consistent with
Section
500.165;
7) Procedures designed to ensure that the
written prior notice in subsection (a)(6) fully informs the parents in the
parents' native language, consistent with Section 500.155;
8) The right of parents to use Mediation
under Section
500.145,
file a State Complaint under Section
500.170
or request a Due Process Hearing under Section 500.140, in accordance with IDEA
(
20 USC 1439(a)(6) through
(7)) .
b) Regional intake entities and other providers of Part C EI 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.
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