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90_HB2742
325 ILCS 20/3 from Ch. 23, par. 4153
325 ILCS 20/4 from Ch. 23, par. 4154
325 ILCS 20/5 from Ch. 23, par. 4155
325 ILCS 20/14 from Ch. 23, par. 4164
Amends the Early Intervention Services System Act.
Redefines "developmental delay" to mean a delay of 25% in one
or 20% in 2 or more of certain areas of childhood development
as measured by appropriate diagnostic instruments and
standard procedures. Requires the lead agency to promulgate
a list of conditions which, when present in a child under 36
months of age, constitute a substantial risk of developmental
delay. States that the chairperson of the Interagency
Council on Early Intervention shall be the parent of a child
with a disability. Provides that the Early Childhood
Intervention Ombudsperson and a representative of Head Start
shall be members of the Council. Requires the council to
meet 6 times a year rather than quarterly. Requires the
Council to prepare an annual fiscal year budget by October 1
of each year. Provides that the lead agency shall prepare and
submit to the Council by September 1 of each year (i) an
annual total budget reflecting income and expenses
anticipated from all public sources and (ii) a complete
report on all spending and income from all public sources
during the prior fiscal year. Allows State agency staff
assigned to the Interagency Council to be given specific
tasks by the Council through formal resolutions of the
Council. States that the lead agency may contract with a
private entity to plan or implement any of its
responsibilities or duties under this Section. Provides that
any plan or implementation shall meet the full requirement of
federal law and provide full program and fiscal
accountability to the State and the public. Requires the
lead agency and other participating State agencies to
implement this Act statewide by January 1, 1999. Effective
immediately.
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1 AN ACT to amend the Early Intervention Services System
2 Act by changing Sections 3, 4, 5, and 14.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Early Intervention Services System Act is
6 amended by changing Sections 3, 4, 5, and 14 as follows:
7 (325 ILCS 20/3) (from Ch. 23, par. 4153)
8 Sec. 3. Definitions. As used in this Act:
9 (a) "Eligible infants and toddlers" means infants and
10 toddlers under 36 months of age with any of the following
11 conditions:
12 (1) Disabilities due to developmental delay.
13 (2) A physical or mental condition which has a high
14 probability of resulting in developmental delay.
15 (3) Being at risk of having substantial
16 developmental delays due to a combination of serious
17 factors.
18 (b) "Developmental delay" means a delay of 25% in one of
19 the following areas or 20% in 2 or more of the following
20 areas of childhood development as measured by appropriate
21 diagnostic instruments and standard procedures: cognitive;
22 physical, including vision and hearing; language, speech and
23 communication; psycho-social; or self-help skills.
24 (c) "Physical or mental condition which has a high
25 probability of resulting in developmental delay" means:
26 (1) a diagnosed medical disorder bearing a
27 relatively well known expectancy for developmental
28 outcomes within varying ranges of developmental
29 disabilities; or
30 (2) a history of prenatal, perinatal, neonatal or
31 early developmental events suggestive of biological
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1 insults to the developing central nervous system and
2 which either singly or collectively increase the
3 probability of developing a disability or delay based on
4 a medical history.
5 (d) "At risk of having substantial developmental delay"
6 means the presence of at least 3 at risk conditions, plus a
7 consensus based on clinical judgment, that the presence of
8 these conditions warrants a risk of substantial developmental
9 delay if early intervention services are not provided. A
10 list of at risk conditions shall be developed by the Illinois
11 Interagency Council on Early Intervention. When relying on
12 clinical judgment, which includes both clinical observations
13 and parental participation, a developmental delay will be
14 determined by a consensus of an interdisciplinary team of at
15 least 2 or more members based on their professional
16 experience and expertise.
17 (e) "Early intervention services" means services which:
18 (1) are designed to meet the developmental needs of
19 each child eligible under this Act and the needs of his
20 or her family;
21 (2) are selected in collaboration with the child's
22 family;
23 (3) are provided under public supervision;
24 (4) are provided at no cost except where a schedule
25 of sliding scale fees or other system of payments by
26 families has been adopted in accordance with State and
27 federal law;
28 (5) are designed to meet an infant's or toddler's
29 developmental needs in any of the following areas:
30 (A) physical development,
31 (B) cognitive development,
32 (C) communication development,
33 (D) social or emotional development, or
34 (E) adaptive development;
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1 (6) meet the standards of the State, including the
2 requirements of this Act;
3 (7) include one or more of the following:
4 (A) family training,
5 (B) social work services, including
6 counseling, and home visits,
7 (C) special instruction,
8 (D) speech, language pathology and audiology,
9 (E) occupational therapy,
10 (F) physical therapy,
11 (G) psychological services,
12 (H) service coordination services,
13 (I) medical services only for diagnostic or
14 evaluation purposes,
15 (J) early identification, screening, and
16 assessment services,
17 (K) health services specified by the lead
18 agency as necessary to enable the infant or toddler
19 to benefit from the other early intervention
20 services,
21 (L) vision services,
22 (M) transportation, and
23 (N) assistive technology devices and services;
24 (8) are provided by qualified personnel, including
25 but not limited to:
26 (A) child development specialists or special
27 educators,
28 (B) speech and language pathologists and
29 audiologists,
30 (C) occupational therapists,
31 (D) physical therapists,
32 (E) social workers,
33 (F) nurses,
34 (G) nutritionists,
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1 (H) optometrists,
2 (I) psychologists, and
3 (J) physicians;
4 (9) are provided in conformity with an
5 Individualized Family Service Plan;
6 (10) are provided throughout the year; and
7 (11) are provided in natural environments in which
8 infants and toddlers without disabilities would
9 participate to the extent desired by families.
10 (f) "Individualized Family Service Plan" or "Plan" means
11 a written plan for providing early intervention services to a
12 child eligible under this Act and the child's family, as set
13 forth in Section 11.
14 (g) "Local interagency agreement" means an agreement
15 entered into by local community and State and regional
16 agencies receiving early intervention funds directly from the
17 State and made in accordance with State interagency
18 agreements providing for the delivery of early intervention
19 services within a local community area.
20 (h) "Council" means the Illinois Interagency Council on
21 Early Intervention established under Section 4.
22 (i) "Lead agency" means the State agency responsible for
23 administering this Act and receiving and disbursing public
24 funds received in accordance with State and federal law and
25 rules. The lead agency shall promulgate a list of conditions
26 which, when present in a child under 36 months of age,
27 constitute a substantial risk of developmental delay.
28 (j) "Child find" means a service which identifies
29 eligible infants and toddlers.
30 (Source: P.A. 90-158, eff. 1-1-98.)
31 (325 ILCS 20/4) (from Ch. 23, par. 4154)
32 Sec. 4. Illinois Interagency Council on Early
33 Intervention.
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1 (a) There is established the Illinois Interagency
2 Council on Early Intervention. The Council shall be composed
3 of at least 15 but not more than 25 members. The members of
4 the Council and the designated chairperson of the Council
5 shall be appointed by the Governor. The chairperson shall be
6 the parent of a child with a disability. The Council member
7 representing the lead agency may not serve as chairperson of
8 the Council. The Council shall be composed of the following
9 members:
10 (1) The Secretary of Human Services (or his or her
11 designee) and 2 additional representatives of the
12 Department of Human Services designated by the Secretary,
13 plus the Directors (or their designees) of the following
14 State agencies involved in the provision of or payment
15 for early intervention services to eligible infants and
16 toddlers and their families:
17 (A) Illinois State Board of Education;
18 (B) (Blank);
19 (C) (Blank);
20 (D) Illinois Department of Children and Family
21 Services;
22 (E) University of Illinois Division of
23 Specialized Care for Children;
24 (F) Illinois Department of Public Aid;
25 (G) Illinois Department of Public Health;
26 (H) (Blank);
27 (I) Illinois Planning Council on Developmental
28 Disabilities; and
29 (J) Illinois Department of Insurance.
30 (2) Other members as follows:
31 (A) At least 20% of the members of the Council
32 shall be parents, including minority parents, of
33 infants or toddlers with disabilities or children
34 with disabilities aged 12 or younger, with knowledge
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1 of, or experience with, programs for infants and
2 toddlers with disabilities. At least one such
3 member shall be a parent of an infant or toddler
4 with a disability or a child with a disability aged
5 6 or younger;
6 (B) At least 20% of the members of the Council
7 shall be public or private providers of early
8 intervention services;
9 (C) One member shall be a representative of
10 the General Assembly; and
11 (D) One member shall be involved in the
12 preparation of professional personnel to serve
13 infants and toddlers similar to those eligible for
14 services under this Act;.
15 (E) One member shall be the Early Childhood
16 Intervention Ombudsperson of the Office of the
17 Governor; and
18 (F) One member shall be a representative of
19 Head Start.
20 The Council shall meet at least 6 times each year
21 quarterly and in such places as it deems necessary. Terms of
22 the initial members appointed under paragraph (2) shall be
23 determined by lot at the first Council meeting as follows: of
24 the persons appointed under subparagraphs (A) and (B),
25 one-third shall serve one year terms, one-third shall serve 2
26 year terms, and one-third shall serve 3 year terms; and of
27 the persons appointed under subparagraphs (C) and (D), one
28 shall serve a 2 year term and one shall serve a 3 year term.
29 Thereafter, successors appointed under paragraph (2) shall
30 serve 3 year terms. Once appointed, members shall continue
31 to serve until their successors are appointed. No member
32 shall be appointed to serve more than 2 consecutive terms.
33 Council members shall serve without compensation but
34 shall be reimbursed for reasonable costs incurred in the
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1 performance of their duties, including costs related to child
2 care, and parents may be paid a stipend in accordance with
3 applicable requirements.
4 The lead agency shall prepare and submit to the Council
5 by September 1 of each year (i) an annual total budget
6 reflecting income and expenses anticipated from all public
7 sources and (ii) a complete report on all spending and income
8 from all public sources during the prior fiscal year. The
9 Council shall prepare and approve a budget by October 1 of
10 each year for the next fiscal year using funds appropriated
11 for the purpose to hire staff, and obtain the services of
12 such professional, technical, and clerical personnel as may
13 be necessary to carry out its functions under this Act. This
14 funding support and staff shall be directed by the lead
15 agency. The Council shall hold at least 2 public hearings in
16 October to solicit comments on the budget submitted by the
17 lead agency. The Council shall indicate its opinion
18 regarding the budget submitted by the lead agency to the
19 Governor and General Assembly at the next meeting following
20 the public hearings.
21 (b) The Council shall:
22 (1) advise and assist the lead agency in the
23 performance of its responsibilities including but not
24 limited to the identification of sources of fiscal and
25 other support services for early intervention programs,
26 and the promotion of interagency agreements which assign
27 financial responsibility to the appropriate agencies;
28 (2) advise and assist the lead agency in the
29 preparation of applications and amendments to
30 applications;
31 (3) review and advise on relevant regulations and
32 standards proposed by the related State agencies;
33 (4) advise and assist the lead agency in the
34 development, implementation and evaluation of the
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1 comprehensive early intervention services system; and
2 (5) prepare and submit an annual report to the
3 Governor and to the General Assembly on the status of
4 early intervention programs for eligible infants and
5 toddlers and their families in Illinois. The annual
6 report shall include (i) the estimated number of eligible
7 infants and toddlers in this State, (ii) the number of
8 eligible infants and toddlers who have received services
9 under this Act and the cost of providing those services,
10 and (iii) the estimated cost of providing services under
11 this Act to all eligible infants and toddlers in this
12 State.
13 No member of the Council shall cast a vote on or
14 participate substantially in any matter which would provide a
15 direct financial benefit to that member or otherwise give the
16 appearance of a conflict of interest under State law. All
17 provisions and reporting requirements of the Illinois
18 Governmental Ethics Act shall apply to Council members.
19 State agency staff assigned to the Interagency Council
20 may be given specific tasks by the Council through formal
21 resolutions of the Council.
22 (Source: P.A. 89-294, eff. 1-1-96; 89-507, eff. 7-1-97;
23 89-626, eff. 8-9-96.)
24 (325 ILCS 20/5) (from Ch. 23, par. 4155)
25 Sec. 5. Lead Agency. The Department of Human Services
26 is designated the lead agency and shall provide leadership in
27 establishing and implementing the coordinated, comprehensive,
28 interagency and interdisciplinary system of early
29 intervention services. The lead agency shall not have the
30 sole responsibility for providing these services. Each
31 participating State agency shall continue to coordinate those
32 early intervention services relating to health, social
33 service and education provided under this authority.
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1 The lead agency is responsible for carrying out:
2 (a) the general administration, supervision, and
3 monitoring of programs and activities receiving
4 assistance under Section 673 of the Individuals with
5 Disabilities Education Act (20 United States Code 1473);
6 (b) the identification and coordination of all
7 available resources within the State from federal, State,
8 local and private sources;
9 (c) the development of procedures to ensure that
10 services are provided to eligible infants and toddlers
11 and their families in a timely manner pending the
12 resolution of any disputes among public agencies or
13 service providers;
14 (d) the resolution of intra-agency and interagency
15 regulatory and procedural disputes; and
16 (e) the development and implementation of formal
17 interagency agreements between the lead agency and other
18 relevant State agencies that:
19 (1) define the financial responsibility of
20 each agency for paying for early intervention
21 services (consistent with existing State and federal
22 law and rules) and procedures for resolving service
23 disputes; and
24 (2) include all additional components
25 necessary to ensure meaningful cooperation and
26 coordination.
27 The lead agency may contract with a private entity to
28 plan or implement any of its responsibilities or duties under
29 this Section. Any plan or implementation shall meet the full
30 requirement of federal law and provide full program and
31 fiscal accountability to the State and the public.
32 (Source: P.A. 90-158, eff. 1-1-98.)
33 (325 ILCS 20/14) (from Ch. 23, par. 4164)
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1 Sec. 14. Implementation. The lead agency and other
2 participating State agencies shall implement this Act
3 statewide by January 1, 1999, beginning in such areas of the
4 State as shall be designated by rule, as appropriated funds
5 become available.
6 (Source: P.A. 87-680.)
7 Section 99. This Act takes effect upon becoming law.