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Department of Human Services
Michelle R.B. Saddler, Secretary
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05) Procedural Safeguards & Disputes
Procedure: a) Procedural Safeguards
1.0 Notice of Procedural Safeguards
1.1 Provide families with a copy of the Infant/Toddler & Family Rights under IDEA for the Early Intervention System at each of the following times:
1.1.1 Upon initial referral;
1.1.2 Upon annual redetermination of eligibility/annual IFSP review;
1.1.3 Upon the first filing of a Request for Administrative Resolution of a Complaint By An Impartial Hearing Officer; and
1.1.4 Upon request by a parent.
2.0 Written Prior Notice
2.1 Parents must be given written notice a reasonable time before the EI Services System (CFC) proposes to initiate or change, or refuses to initiate or change, the identification, evaluation or placement of their child, or the provision of appropriate EI services to their child or their family. Written prior notice is required in order to enhance the parent's ability to make informed decisions regarding their child's development and intervention.
2.2 This notice must contain sufficient detail to adequately inform the parent of:
2.2.1 The action that is being proposed or refused;
2.2.2 The reasons for taking the action; and
2.2.3 All procedural safeguards available to them.
2.3 Some circumstances under which written prior notice would be required include:
2.3.1 Before initial and annual evaluations;
2.3.2 Upon eligibility determination (initially and annually);
2.3.3 Before making a substantial change to the child's/family's EI services (a substantial change includes, but is not limited to, any change in frequency, intensity, duration or location);
2.3.4 Before refusing a parent's request for an evaluation or change to the child's/family's EI services; and
2.3.5 Before terminating a child from EI services, either at age 3 or any time before age 3.
2.4 This notice must be written in English and, if the parent's native language is not English, provided to the family in their native language as well unless it is clearly not feasible to do so. If it is not feasible to provide the notice in the family's native language, the notice should be translated orally. If the parent's primary mode of written communication is Braille, steps should be taken to translate the notice to Braille.
2.5 The written prior notice described herein may be provided electronically (by email) if the parent has elected in writing to receive notices in this manner and understands the security issues inherent in e-mail use. If CFCs elect to provide electronic notifications, "SENT" e-mails must be printed and maintained in the child's file as well as the parent's written election for electronic notices. In addition, CFCs should utilize any mechanism available to monitor the receipt of "SENT" e-mails when/if possible and all e-mails should contain a confidentiality statement as an added measure of protection.
3.0 Written Notice of IFSP Meetings
3.1 Provide families and other participants with written notice of IFSP meeting arrangements a reasonable time before the meeting date to ensure that they will be able to attend. The meeting notice should include the purpose, date, time and location of the meeting, meeting participants and the parent's ability to be supported by other family members and/or an advocate or person outside the family during the meeting.
Policy: a) Procedural Safeguards
Policy: b) Complaints
Policy: c) Mediation
Policy: d) Request for Impartial Administrative Resolution
Procedure: a) Procedural Safeguards
Procedures: b) Disputes
State of Illinois
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