Indicator 11: Percent of fully adjudicated due process hearing requests that were fully adjudicated within the applicable timeline

Helping Families. Supporting Communities. Empowering Individuals.

Illinois Department of Human Services
Division of Community Health & Prevention
Bureau of Early Intervention

Revised on 02/01/07
Second Revision on 02/01/08
Third Revision on 02/02/09

Percent of fully adjudicated due process hearing requests that were fully adjudicated within the applicable timeline.


Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

See Indicator 1 for a description of this process.

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority: Effective General Supervision Part C / General Supervision

Indicator 11: Percent of fully adjudicated due process hearing requests that were fully adjudicated within the applicable timeline.

(20 U.S.C. 1416(a)(3)(B) and 1442)

Measurement:
Percent = (3.2(a) + 3.2(b)) divided by (3.2) times 100.

Overview of Issue/Description of System or Process:

Impartial administrative proceeding is similar to a court hearing. An impartial hearing officer having knowledge about Early Intervention Program or IDEA, and the needs of and services available for eligible children and families will act as a judge. Parties to the dispute have the following rights:

  1. To be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities.
  2. To present evidence and confront, cross examine, and compel the attendance of witnesses;
  3. To prohibit the introduction of any evidence at the hearing that has not been disclosed to you at least five days before the proceeding;
  4. To obtain written or, at the option of the parents, electronic verbatim (word by word) record of the hearing; and
  5. To obtain written or, at the option of the parents, electronic finding of facts and decisions (which shall be transmitted to the Illinois Interagency Council on Early Intervention and be made available to the public without personally identifying information).

The parents have the right to have the child who is the subject of the hearing present, to have the hearing open to the public, and to have the record of hearing, findings and decisions at no cost.

The hearing must be held at a time and place that is reasonably convenient to the parents and child involved.

No later than 45 days after receipt of the request for an impartial administrative proceeding, the proceeding must be completed and a written decision of the hearing officer will be mailed to the parties. A hearing officer may grant an extension of the 45-day time period at the request of either party. This decision is binding on the parties unless it is changed upon appeal of the State or Federal Court. The right to appeal and the process for appeal is set forth in section 680(1) of IDEA (20 USC ¤ 1480 (1)). Any party aggrieved by the hearing officer's decision may so appeal the decision.

Impartial means that the person:

  1. is not an employee of any agency or other entity involved in the provision of early intervention services or care of the child; and
  2. does not have a personal or professional interest that would conflict with his or her objectivity in implementing the process.

A person who otherwise qualifies under this section is not an employee of an agency solely because the person is paid by the agency to implement disagreement resolution.

Parents are informed of the process described above in the STATE OF ILLINOIS

INFANT/TODDLER & FAMILY RIGHTS UNDER IDEA FOR THE EARLY INTERVENTION SYSTEM booklet. This booklet is given to parents at intake, when services are changed or discontinued, when a child is found ineligible at the annual determination, and upon request. The document is also available on the DHS/Early Intervention web site. Parent may use forms made available by CFC staff to initiate 1) administrative resolution of a complaint by an impartial hearing officer, 2) investigation of a state complaint, and 3) mediation. These forms are also available to the public on the Early Intervention Monitoring Program's web site.

A Bureau of Early Intervention staff person is assigned a hearing request as it is identified and follows the hearing process through the completion of resolution steps. The Chief of the Bureau of Early Intervention assigns and monitors these activities and identifies issues and tends that need to be addressed systemically.

Baseline Data for FFY 2004 (2004-2005):

Total Number of: 7/1/04-6/30/05 7/1/03-6/30/04 7/1/02-6/30/03 7/1/01-6/30/02
Complaints 29 6 3 11
Mediation Requests 0 3 1 40
Hearing Requests 0 1 2 16
7/1/04-6/30/05 7/1/03-6/30/04
Percent of fully adjudicated due process hearing requests that were fully adjudicated within the applicable timeline. No hearings fully adjudicated No hearings fully adjudicated

Discussion of Baseline Data:

As you can see from the above data, complaints, rather than mediation or hearings, have been used by families to resolve issues with the system.

FFY: 2005 (2005-2006) 
Measurable and Rigorous Target: 100 percent of fully adjudicated due process hearing requests will be fully adjudicated within the applicable time frame.

FFY: 2006 (2006-2007) 
Measurable and Rigorous Target: 100 percent of fully adjudicated due process hearing requests will be fully adjudicated within the applicable time frame.

FFY: 2007 (2007-2008) 
Measurable and Rigorous Target: 100 percent of fully adjudicated due process hearing requests will be fully adjudicated within the applicable time frame.

FFY: 2008 (2008-2009) 
Measurable and Rigorous Target: 100 percent of fully adjudicated due process hearing requests will be fully adjudicated within the applicable time frame.

FFY: 2009 (2009-2010) 
Measurable and Rigorous Target: 100 percent of fully adjudicated due process hearing requests will be fully adjudicated within the applicable time frame.

FFY: 2010 (2010-2011) 
Measurable and Rigorous Target: 100 percent of fully adjudicated due process hearing requests will be fully adjudicated within the applicable time frame.

Improvement Activities/Timelines/Resources:

  • Two new staff joined the Bureau of Early Intervention in May 2005, with the addition of a third staff person in July 2005. The additional staff resources brings the Bureau to its full staffing level (9 staff) and will improve the Bureau's efforts to fully adjudicate due process hearing requests in a timely way.
  • Staff will continue to ensure signed, written complaints are resolved within the 60-day timeline.