Illinois General Assembly - Full Text of HB4407
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Full Text of HB4407  98th General Assembly


Rep. Robyn Gabel

Filed: 3/24/2014





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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
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.".