Rep. Robyn Gabel
Filed: 3/24/2014
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 4407 




2    AMENDMENT NO. ______. Amend House Bill 4407 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Early Intervention Services System Act is 
5amended  by changing Section 12 as follows:
 



6    (325 ILCS 20/12)  (from Ch. 23, par. 4162)



7    Sec. 12. Procedural Safeguards. The lead agency shall adopt 
8procedural safeguards that meet federal
requirements and 
9ensure effective implementation of the safeguards
for families

10by each
public agency involved in the provision of early 
11intervention
services under this Act.

12    The procedural safeguards shall provide, at a minimum, the 
13following:


14        (a) The timely administrative resolution of
State 
15    complaints, due process hearings, and mediations as 
16    defined by administrative rule. 


 
 
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1        (b) The right to confidentiality of personally 
2    identifiable information.


3        (c) The opportunity for parents and a guardian to 
4    examine and receive
copies of records relating to 
5    evaluations and assessments, screening, eligibility

6    determinations, and the development and implementation of 
7    the
Individualized Family Service Plan provision of early 
8    intervention services, individual complaints involving the 
9    child, or any part of the child's early intervention 
10    record.


11        (d) Procedures to protect the rights of the eligible 
12    infant or toddler
whenever the parents or guardians of the 
13    child are not known or unavailable
or the child is a ward 
14    of the State, including the assignment of an
individual 
15    (who shall not be an employee of the State agency or local

16    agency providing services) to act as a surrogate for the 
17    parents or guardian. The regional intake entity must make 
18    reasonable efforts to ensure the assignment of a surrogate 
19    parent not more than 30 days after a public agency 
20    determines that the child needs a surrogate parent. 


21        (e) Timely written prior notice to the parents or 
22    guardian of the
eligible infant or toddler whenever the 
23    State agency or public or private
service provider proposes 
24    to initiate or change or refuses to initiate or
change the 
25    identification, evaluation, placement, or the provision of

26    appropriate early intervention services to the eligible 
 
 
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1    infant or toddler.


2        (f) Written prior notice to fully inform the parents or 
3    guardians, in
their native language or mode of 
4    communication used by the parent, unless clearly not 
5    feasible to do so, in a comprehensible manner, of these 
6    procedural
safeguards.


7        (g) During the pendency of any State complaint 
8    procedure, due process hearing, or mediation proceedings 
9    or action involving a
complaint, unless the State agency 
10    and the parents or guardian otherwise
agree, the child 
11    shall continue to receive the appropriate early

12    intervention services currently being provided, or in the 
13    case of an
application for initial services, the child 
14    shall receive the services not in
dispute.

15(Source: P.A. 98-41, eff. 6-28-13.)

 
 
16    Section 99. Effective date. This Act takes effect upon 
17becoming law.".