• 1.0 Procedural safeguards are those provisions in the Individuals With Disabilities Education Act (IDEA) that protect parents' and infants' or toddlers' rights with respect to the provision of appropriate Early Intervention services. The following minimal procedural safeguards are required by IDEA regarding Part C Early Intervention (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;
    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 EI service without jeopardizing other EI services;
    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 (IFSP);
    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;
    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;
    7. Procedures designed to ensure the written prior notice as required in Procedure 2.0 at the end of this section 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).
  • 2.0 Procedural safeguards and rights are outlined in the State of Illinois Infant/Toddler & Family Rights Under IDEA for the Early Intervention System booklet. This booklet must be provided for families at each of the following times.
    1. Upon initial referral;
    2. Upon annual re-determination of eligibility/annual review;
    3. Upon the first filing of a Request for Administrative Resolution of a Complaint By An Impartial Hearing Officer; and
    4. Upon request by a parent.