EARLY CHILDHOOD-DUE PROCESS

Illinois General Assembly - Full Text of HB4861

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HB4861 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4861

Introduced , by Rep. Janet Yang Rohr

SYNOPSIS AS INTRODUCED:

325 ILCS 3/10-70

Amends the Department of Early Childhood Act. In a provision
requiring procedural safeguards for families by each public agency
involved in the provision of early intervention services, provides that a
parent or guardian, a provider, a regional intake entity, or the
Department must request an impartial hearing on the due process complaint
within 2 years after the date the parent or guardian, lead agency, or early
intervention services provider knew or should have known about the alleged
action that forms the basis of the due process complaint. Effective
January 1, 2027.
LRB104 18154 RPS 31593 b

A BILL FOR

HB4861
LRB104 18154 RPS 31593 b
1

AN ACT concerning children.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Department of Early Childhood Act is
5
amended by changing Section 10-70 as follows:

6

(325 ILCS 3/10-70)
7

Sec. 10-70.
Procedural safeguards.
The lead agency shall
8
adopt procedural safeguards that meet federal requirements and
9
ensure effective implementation of the safeguards for families
10
by each public agency involved in the provision of early
11
intervention services under this Act.
12

The procedural safeguards shall provide, at a minimum, the
13
following:
14

(a) The timely administrative resolution of State
15

complaints, due process hearings, and mediations as
16

defined by administrative rule.
A parent or guardian, a
17

provider, a regional intake entity, or the Department must
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request an impartial hearing on the due process complaint
19

within 2 years after the date the parent or guardian, lead
20

agency, or early intervention services provider knew or
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should have known about the alleged action that forms the
22

basis of the due process complaint.

23

(b) The right to confidentiality of personally

HB4861
- 2 -
LRB104 18154 RPS 31593 b
1

identifiable information.
2

(c) The opportunity for parents and a guardian to
3

examine and receive copies of records relating to
4

evaluations and assessments, screening, eligibility
5

determinations, and the development and implementation of
6

the Individualized Family Service Plan provision of early
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intervention services, individual complaints involving the
8

child, or any part of the child's early intervention
9

record.
10

(d) Procedures to protect the rights of the eligible
11

infant or toddler whenever the parents or guardians of the
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child are not known or unavailable or the child is a youth
13

in care as defined in Section 4d of the Children and Family
14

Services Act, 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.
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(e) Timely written prior notice to the parents or
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guardian of the eligible infant or toddler whenever the
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State agency or public or private service provider
24

proposes to initiate or change or refuses to initiate or
25

change the identification, evaluation, placement, or the
26

provision of appropriate early intervention services to

HB4861
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LRB104 18154 RPS 31593 b
1

the eligible infant or toddler.
2

(f) Written prior notice to fully inform the parents
3

or 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
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procedure, due process hearing, or mediation involving a
9

complaint, unless the State agency and the parents or
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guardian otherwise agree, the child shall continue to
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receive the appropriate early intervention services
12

currently being provided, or in the case of an application
13

for initial services, the child shall receive the services
14

not in dispute.
15
(Source: P.A. 103-594, eff. 6-25-24.)

16

Section 99.
Effective date.
This Act takes effect January
17
1, 2027.

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