Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart B - IMPARTIAL DUE PROCESS HEARING › Section 108.120 - Conduct of the hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
				five days of his or her appointment, the hearing officer shall set the time and
				place for the hearing.
1) The hearing shall be
				held at a time and place reasonably convenient for both parties involved.
				However, it shall be scheduled not later than 15 days after the appointment of
				the hearing officer, unless the hearing officer permits an extension of time
				due to extenuating circumstances, not to exceed 15 days, unless both parties
				agree.
2) If the facility and
				parent cannot agree to a reasonably convenient time and place, the hearing
				officer shall make such a determination and proceed to schedule the
				hearing.
3) The Department shall
				inform the parents, by mail, no later than 10 days prior to the hearing, that:
A) Pursuant to Section 4 of the Act, they or
				their designated representative shall have an opportunity to inspect all
				records regarding the recipient and to obtain copies prior to the hearing, at
				their own expense.
B) They may
				request an independent evaluation of the recipient prior to the hearing, at
				their own expense. The hearing officer may consider this request an extenuating
				circumstance and thereby authorize an extension of time for the hearing date,
				not to exceed 30 days, unless both parties agree.
C) They may require the attendance at the
				hearing of any facility employee or any other person who may have information
				relevant to the recipient's needs and abilities. They may request the
				attendance of any other persons who may have such information. They must make
				all requests for attendance to the hearing officer as soon as possible but no
				later than five days prior to the scheduled date of the hearing. The hearing
				officer may issue subpoenaes requiring the attendance of witnesses and, at the
				request of the parent of facility, shall issue subpoenaes. The hearing officer
				may limit the number of witnesses whose attendance is subpoenaed or requested
				by either party to not more than 10. If a party refuses to answer a subpoena or
				refuses to honor a request to attend, the hearing officer shall note such in
				the record and contact the Illinois State Board of Education legal department.
				The hearing may be postponed for a specified period of time, as designated by
				the hearing officer in order to resolve questions of attendance.
D) They may bring representatives, including
				legal counsel, agency representatives, or others, to the hearings at their own
				expense. These persons shall be given an opportunity to participate in the
				hearing process according to the procedures established by the impartial
				hearing officer. The facility shall maintain on file a list of independent
				evaluation sites, legal and other relevant services available in the area, and
				shall provide parents with the above information, upon request.
E) The educational status of the recipient
				will not be changed, pending the completion of the due process proceedings,
				unless the facility director or designee decides that such change would be
				warranted due to immediate physical danger to the recipient or other persons.
				In such case, the facility shall be responsible for developing and implementing
				an appropriate interim educational plan. Any change in placement shall not
				exceed 10 days. A facility director must request a change in placement from the
				Secretary, in writing.
F) Any party
				to the hearing has the right to prohibit the introduction of any evidence which
				has not been disclosed to that party at least five days prior to the
				hearing.
G) Either party may
				request that an interpreter be made available.