Indicator 12: Percent of hearing requests that went to resolution sessions that were resolved through resolution session settlement agreements (applicable if Part B due process procedures are adopted)

Overview of the State Performance Plan Development: See Indicator 1 for a description of this process.

The EI Program will make the Illinois APR and SPP available on its web site and through links from the other EI web sites (the Illinois Early Intervention Training Program; Provider Connections, the Early Intervention credentialing office; and the Early Childhood Intervention Clearinghouse). The APR and SPP documents will also be available to the public at each of the 25 CFC offices.

Monitoring Priority Effective General Supervision Part C / General Supervision
Indicator 12 Percent of hearing requests that went to resolution sessions that were resolved through resolution session settlement agreements (applicable if Part B due process procedures are adopted).
(20 U.S.C. 1416(a)(3)(B) and 1442)
Measurement Percent = (3.1(a) divided by 3.1) 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.
  3. 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.

Baseline Data for FFY 2004 (2004-2005):

No hearing requests were received from July 1, 2005 - June 30, 2006. States are not required to establish baseline or targets if the number of resolution sessions is less than 10.

Discussion of Baseline Data

FFY Measurable and Rigorous Target
2005
(2005-2006)
States are not required to establish baseline or targets if the number of resolution sessions is less than 10.
2006
(2006-2007)
States are not required to establish baseline or targets if the number of resolution sessions is less than 10.
2007
(2007-2008)
States are not required to establish baseline or targets if the number of resolution sessions is less than 10.
2008
(2008-2009)
States are not required to establish baseline or targets if the number of resolution sessions is less than 10.
2009
(2009-2010)
States are not required to establish baseline or targets if the number of resolution sessions is less than 10.
2010
(2010-2011)
States are not required to establish baseline or targets if the number of resolution sessions is less than 10.
2011
(2011-2012) 
States are not required to establish baseline or targets if the number of resolution sessions is less than 10.
2012
(2012-2013)
States are not required to establish baseline or targets if the number of resolution sessions is less than 10.

 Improvement Activities/Timelines/Resources

  • In June 2006, the Department of Human Services issued a request for proposals (RFP) to identify and contract with individuals qualified to serve as an Impartial Hearing Officers for the Illinois Early Intervention Program. The RFP resulted in contracts for the fiscal year July 1, 2006 - June 30, 2007 and allows for renewal of the contracts for up to two additional one-year periods. Staff from the Bureau and the Illinois Early Intervention Training Program provided a one-day training for the selected hearing officers.
  • Hearing requests that go to resolution session will be tracked by the program through a database specifically designed for this purpose. Legal staff of the Lead Agency will facilitate the development and negotiation of all resolution session arguments.
  • 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.

The improvement activities described in the SPP are ongoing efforts.