The Illinois Early Intervention Services System provides you the opportunity to inspect and review any records relating to your children which are collected, maintained or used by the System under IDEA. The System complies with a request without
unnecessary delay and before any meeting regarding an IFSP or hearing relating to identification, evaluation, or placement of your child, and in no case more than forty-five (45) days after the request has been made.
The right to inspect and review records includes:
- The right to a response from the System to reasonable requests for explanations and interpretations of the record;
- The right to request that the System provide records containing the information if failure to provide those copies would effectively prevent you from exercising the right to inspect and review the records; and
- The right to have someone representing you inspect and review the record.
The System may presume that you have the authority to inspect and review records relating to your child unless the System has been advised that you do not have the authority under applicable Illinois law governing such matters as guardianship,
separation and divorce.
Each System participant shall keep a record of parties obtaining access to early intervention records collected, obtained, or used under this part (except access by parents and authorized employees of the System), including the name of the party, the
date access was given, and the purpose for which the party is authorized to use the record.
If any record includes information on more than one child, you have the right to inspect and review only the information relating to your child, or to be informed of that specific information.
The Illinois Early Intervention Services System shall provide you, on request, a list of the types and locations of records collected, maintained, or used by the System.
The System may charge a fee for copies of records which are made for parents under this part if the fee does not effectively prevent you from exercising your right to inspect and review those records. The System may not charge a fee to search for or
retrieve information under the Early Intervention Program of IDEA.
If you believe that information in records collected, maintained, or used under the Early Intervention Program of IDEA is inaccurate or misleading, or violates the privacy or other rights of your child or family, you may request the System participant
which maintains the information to amend the information.
- The System decides whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.
- If the System decides to refuse to amend the information in accordance with the request, you will be informed of the refusal and be advised of the right to a hearing.
The Illinois Early Intervention Services System, on request, provides an opportunity for a hearing to challenge information in early intervention records to insure that it is not inaccurate, misleading, or otherwise in violation of the privacy or
other rights of the child.
If, as a result of the hearing, the System decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it amends the information accordingly and will inform you in writing.
- If, as a result of the hearing, the System decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, you will be informed of your right to place in the records of your child a
statement commenting on the information and setting forth any reasons for disagreeing with the decision of the System.
- Any explanation placed in the records of the child under this section must:
- be maintained by the System as part of the records of the child as long as the record or contested portion (that part of the record with which you disagree) is maintained by the System; and
- if the records of the child or the contested portion are disclosed by the System to any party, the explanation must also be disclosed to the party.
A hearing held under this section must be conducted according to the procedures under ¤99.22 of Family Education Rights and Privacy Act (FERPA) (34 CFR Part 99).
Parental consent must be obtained before personally identifiable information is:
- disclosed to anyone other than officials of the Illinois Early Intervention Services System, participants collecting or using information under the Early Intervention Program of IDEA, subject to section (2) at the bottom of page 6; or
- used for any purpose other than meeting a requirement under IDEA.
Information from your child's early intervention record cannot be released to System participants without your consent unless authorized to do so under FERPA.
- Each System participant protects the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages;
- One official of each System participant assumes responsibility for insuring the confidentiality of any personally identifiable information;
- All persons collecting or using personally identifiable information receive training or instruction regarding Illinois' policies and procedures under IDEA and FERPA;
- Each System participant maintains, for public inspection, a current listing of the names and positions of those employees within the agency who have access to personally identifiable information;
- The System informs parents when personally identifiable information collected, maintained, or used under this part is no longer needed to provide services to the child; and
- The information is destroyed, at the request of the parents. (Permanent records of child's name, address, phone number may be maintained.)
If the U.S. Department of Education or its authorized representative collects any personally identifiable information regarding children eligible under this part which is not subject to the Privacy Act of 1974, the U.S. Secretary of Education applies
the requirements of the Statute (5 USC Section 552A) and the regulations implementing those provisions.