• 1.0 The parents of a child between birth to 36 months or the Department may request an impartial administrative proceeding to resolve a dispute regarding the evaluation, identification, placement, delivery of services, or the provision of appropriate services for their child (or if a public agency, for a child for whom they have responsibility).
  • 2.0 A request for such proceeding must be made in writing to the Department at:
  • Chief
    DHS - Bureau of Administrative Hearings
    401 S. Clinton, 6th Floor
    Chicago, IL 60607
  • With copies to the CFC office serving the family and to:
    Chief
    DHS - Bureau of Early Intervention
    222 S. College, 2nd Floor
    Springfield, IL 62704
  • 3.0 The complaint requesting the hearing shall be submitted using the form Request For Administrative Resolution Of A Complaint By An Impartial Hearing Officer (pdf) and shall include:
    • 3.1 The name, address, and telephone number of the child's parent, or the person making the request if it is someone other than the child's parent, or available contact information if no address;
    • 3.2 The name of the child and the child's date of birth;
    • 3.3 The name and address of the child's CFC;
    • 3.4 A description or the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem;
    • 3.5 Authorization for release of the child's EI service records to the Department and the hearing officer;
    • 3.6 The remedy being sought or proposed resolution of the controversy to the extent known and available to the parents at the time;
    • 3.7 The primary language spoken by the parents;
    • 3.8 The service delivery agency(s) and/or provider(s) involved in the dispute; and
    • 3.9 Evidence supporting the remedy or proposed resolution (i.e. IFSP, Family Fee Calculation Form, bill payment, etc.).
  • The complaint shall be confidential and only used for purposes of resolution of the dispute and as agreed to by the child's parents.
  • 4.0 A party may not have an impartial administrative hearing until the party or the attorney representing the party files a request containing all of the above information. The Request For Administrative Resolution of a Complaint By An Impartial Hearing Officer (pdf) form shall be used, but the request will not be denied if the above information is otherwise provided in writing. If the Department or other party deems the request insufficient, they shall notify the hearing officer and the complaining party in writing within 15 calendar days of receipt of the request.
    • 4.1 The hearing officer shall make a determination on the face of the notice of whether or not it is sufficient within five (5) calendar days of receipt of the notification and shall notify the parties in writing of that determination.
  • 5.0 The Child and Family Connections (CFC) shall disclose the complete record of the child to the Department within five (5) calendar days of receipt of the complaint requesting a proceeding hereunder.
  • 6.0 Pursuant to 89 Illinois Administrative Code 500.135(6), if "prior written notice" was not provided to the parent regarding the subject matter of the parent's request for impartial administrative hearing, the CFC shall send the parent a response within 10 calendar days of receiving the complaint. This response shall not preclude the assertion that the parent's request for impartial administrative hearing was insufficient, where appropriate. The response shall include:
    • 6.1 An explanation of why the agency proposed or refused to take the action raised in the complaint;
    • 6.2 A description of other options the IFSP team considered and the reason why those options were rejected;
    • 6.3 A description of the evaluation procedure, assessment, record or report the agency used as the basis for the proposed or refused action; and
    • 6.4 A description of the factors relevant to the agency's proposal or refusal.
  • 7.0 A party may amend its request for an administrative hearing if the other parties consent in writing to the amendment and are given the opportunity to resolve the complaint through a resolution meeting as described in 8.0, or if the hearing officer grants permission no later than 5 business days before an administrative hearing occurs. The timelines for the resolution meeting identified in 8.0 below, and for resolution of the hearing request, begin a new with the filing of the amended request.
  • 8.0 Upon receipt of a sufficient request for an impartial hearing the CFC will convene a resolution meeting with the parent, the relevant member or members of the IFSP Team who have specific knowledge of the facts identified in the complaint and a Department representative if necessary. The purpose of this meeting is to provide the parents with an opportunity to resolve the complaint.
    • 8.1 The resolution meeting must be held within 15 calendar days of receipt of the request for hearing.
    • 8.2 The resolution meeting must include a representative who is authorized to make decisions on behalf of each party.
    • 8.3 A party may not be represented by an attorney at the resolution meeting unless the parent is accompanied by an attorney.
    • 8.4 If the parties are able to resolve the dispute during the resolution meeting, the parties shall execute a legally binding agreement that is signed by both the parent and the other party representatives and that is enforceable in any State court of competent jurisdiction or in a district court of the United States.
    • 8.5 A party may void this agreement within 3 business days of the agreement's execution.
    • 8.6 Though recommended, the resolution meeting is not mandatory if the parent and other parties agree to waive it, or agree to use mediation.
  • 9.0 Mediation option: Upon receipt of a request for hearing, parties involved in the dispute shall be offered the option of mediation as set forth above.
  • 10.0 During the pendency of a proceeding, unless the parent and the Department agree otherwise, the child must continue to receive the appropriate EI services currently being provided. If the complaint involves application for initial services, the child must receive those services, which are not in dispute.
  • 11.0 The parent shall be informed of free or low-cost legal and other related services available in the area if the parent requests such information or the parent or agency initiates a request for resolution under these provisions. CFC's shall maintain such information and make it available upon request or if a proceeding is initiated hereunder.
  • 12.0 Upon written request for an impartial proceeding, the Department shall appoint an impartial hearing officer. The Department shall maintain a list of such hearing officers. An impartial hearing officer must:
    • 12.1 Be licensed to practice law in Illinois;
    • 12.2 Have knowledge about the provisions of IDEA Part C and the Illinois EI Services System Act, and the needs of eligible children and their families and services available to them;
    • 12.3 Not be an employee of DHS or a state educational agency, school district or private service provider involved in the provision of EI services or care of the child;
    • 12.4 Not have a personal or professional interest that would conflict with his/her objectivity in implementing the process.
  • 13.0 Requests for administrative hearing must be submitted to the Department as soon as possible but at least within 3 months of the date the complainant knew or should have known about the alleged action that forms the basis of the complaint. This timeline shall not apply during any period of time that the parent was prevented from requesting the hearing due to:
    • 13.1 Specific misrepresentations by the CFC that the problem forming the basis of the complaint has been resolved; or
    • 13.2 The CFC withheld information from the parent that was required to be provided to the parent.
  • 14.0 Organizations and/or providers and/or individuals with whom the complainant has a dispute shall be parties to the proceeding as deemed necessary by the impartial hearing officer and the Department in order to resolve the dispute.
  • 15.0 If the CFC has not resolved the complaint to the satisfaction of the parent within 30 days of the receipt of the request for hearing, the hearing may occur and the 45 day time-line for resolution of the complaint by the hearing officer begins. This 30-day time period will be delayed by any length of time the parent fails to participate in the resolution meeting, unless the parties have jointly agreed to waive the resolution meeting or to use mediation.
  • 16.0 If the CFC is unable to obtain participation of the parent in the resolution meeting after reasonable efforts have been made and documented, the hearing officer may dismiss the complaint. If the CFC fails to hold the resolution meeting within 15 days of receiving notice of the complaint or fails to participate in the meeting, the parent may request the hearing officer to begin the 45-day time line for resolution of the complaint.
  • 17.0 The hearing must be resolved within 45 days, with a final decision completed and mailed to the parties. The 45 days begin the day after one of the following:
    • The parties agree in writing to waive the resolution meeting; or
    • A mediation or resolution meeting starts but the parties agree in writing before the end of the 30-day period that no agreement is possible; or
    • The parties agree in writing to continue the mediation at the end of the 30-day resolution period, but the parent or CFC later withdraws from the mediation process.
    • The CFC shall immediately notify the appointed Hearing Officer and the Department in writing as soon as any of the above occurs.
  • 18.0 Within five (5) days of receiving written notification that the 45-day time period for resolution has begun pursuant to 17.0 above, the appointed hearing officer shall contact the parties to determine a time and place reasonably convenient to the parties for a hearing and any pre-hearing conferences. The hearing officer shall provide the parties and the Department's Chief of the Bureau of Early Intervention at least ten (10) days' written notice of the dates, times, and locations of any pre-hearing conferences and of the hearing.
  • 19.0 The hearing officer may conduct a pre-hearing conference either in person or by telephone in order to narrow the issues, determine stipulations by the parties, exchange evidence and names of witnesses and consider other matters, which may aid in efficient disposition of the case. At the conclusion of the pre-hearing conference, the hearing officer will prepare a written report of the conference to be entered into the hearing record documenting the discussion, any stipulations and orders and scheduling accommodations made for parties or witnesses.
  • 20.0 Any party to a hearing has a right to:
    • 20.1 Be accompanied (at the party's expense) and advised by counsel and by individuals with special knowledge or training with respect to children with disabilities;
    • 20.2 Present evidence, and confront, cross-examine, and compel the attendance of witnesses;
    • 20.3 Prohibit the introduction of any evidence at the proceeding that has not been disclosed to that party at least five days before the proceedings;
    • 20.4 Obtain a written or electronic verbatim record of the hearing; and
    • 20.5 Obtain written or at the option of the parent, electronic findings of fact and decision.
  • 21.0 Parents involved in hearings must be given the right to:
    • 21.1 Have the child who is the subject of the hearing present;
    • 21.2 Open the hearing to the public (hearings shall be closed to the public unless the parent requests it to be open); and
    • 21.3 Have the record of the hearing, the findings of fact and decision provided at cost to the parents.
  • 22.0 As soon as possible, but at least five (5) business days prior to the hearing, each party shall disclose to all other parties all evaluations completed by that date and recommendations based thereon which the party intends to use at the hearing, as well as other evidence to be offered at hearing, names of all witnesses and the nature of their testimony and any other relevant documentation whether it will be offered at hearing or not.
  • 23.0 The hearing officer may bar any party failing to comply with 22.0 above from introducing evidence or calling witnesses at the hearing that were not produced as required therein.
  • 24.0 No party shall be allowed to raise issues at the hearing that were not raised in request for impartial administrative hearing, unless the other parties agree.
  • 25.0 The hearing officer is authorized to conduct the hearing, administer oaths, issue subpoenas to compel testimony or production of documents, rule on motions, grant continuances, call or examine witnesses, and take such other action as may be necessary to provide the parties with an opportunity to be heard fairly and expeditiously.
  • 26.0 At the hearing the party requesting the hearing has the burden of proceeding first and demonstrating by a preponderance of the evidence that the provision or proposed provision of EI services for the child violates the laws or rules governing EI services.
  • 27.0 Upon completion of the submission of evidence and testimony, parties shall be given a reasonable period of time to present written or oral arguments.
  • 28.0 The hearing officer determination as to whether the child received appropriate EI services shall be made on substantive grounds.

    • 28.1 In matters alleging a procedural violation, a hearing officer may find that a child did not receive appropriate EI services only if the procedural inadequacies:

      • 28.1.1 Impeded the child's right to appropriate EI services;
      • 28.1.2 Significantly impeded the parent's opportunity to participate in the decision making process regarding the provision of appropriate EI services to the parent's child; or
      • 28.1.3 Caused deprivation of developmental benefit.
  • This does not preclude the hearing officer from ordering a CFC to comply with procedural requirements.
  • 29.0 The hearing officer shall maintain and prepare a record of the proceeding and shall prepare written findings and a decision, which shall be served upon the parties. The record shall contain the request for the proceeding, evidence submitted at the hearing, a transcript or recording of the hearing, pre-hearing conference reports, motions, orders and all other material which is part of the record.
  • 30.0 Any and all written findings and decisions shall be transmitted to the Illinois Interagency Council on EI and be made available to the public without personally identifying information.
  • 31.0 Either party may request a delay in convening the hearing and/or the pre-hearing conference for cause. The party requesting the delay shall do so in writing to the hearing officer, with a copy served at the same time to all parties. The requesting party shall set forth the reasons for the request and the hearing officer shall, upon receiving the request either grant or deny the request, taking into account the right to resolution set forth in 17.0 above, which may be needed.
  • 32.0 Any party aggrieved by the findings and decision made in the hearing has the right to bring civil action in a state court of competent jurisdiction or in a district court of the United States within 90 days from the date of the decision of the hearing officer, regardless of the amount in controversy.
  • 33.0 Calculation of Time:
  • Time periods set forth herein are calendar days unless otherwise specified.