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91_SB1065eng
SB1065 Engrossed LRB9102324SMdvA
1 AN ACT to amend the Early Intervention Services System
2 Act by changing Sections 2, 3, 4, 6, 11, 12, and 13 and
3 repealing Section 14.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Early Intervention Services System Act is
7 amended by changing Sections 2, 3, 4, 6, 11, 12, and 13 as
8 follows:
9 (325 ILCS 20/2) (from Ch. 23, par. 4152)
10 Sec. 2. Legislative Findings and Policy.
11 (a) The General Assembly finds that there is an urgent
12 and substantial need to:
13 (1) enhance the development of all eligible infants
14 and toddlers in the State of Illinois in order to
15 minimize developmental delay and maximize individual
16 potential for adult independence;
17 (2) enhance the capacity of families to meet the
18 special needs of eligible infants and toddlers including
19 the purchase of services when necessary;
20 (3) reduce educational costs by minimizing the need
21 for special education and related services when eligible
22 infants and toddlers reach school age;
23 (4) enhance the independence, productivity and
24 integration with age-appropriate peers of eligible
25 children and their families;
26 (5) reduce social services costs and minimize the
27 need for institutionalization; and
28 (6) prevent secondary impairments and disabilities
29 by improving the health of infants and toddlers, thereby
30 reducing health costs for the families and the State.
31 (b) The General Assembly therefore intends that the
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1 policy of this State shall be to:
2 (1) affirm the importance of the family in all
3 areas of the child's development and reinforce the role
4 of the family as a participant in the decision making
5 processes regarding their child;
6 (2) provide assistance and support to eligible
7 infants and toddlers and their families to address the
8 individual concerns and decisions of each family;
9 (3) develop and implement, on a statewide basis,
10 locally based comprehensive, coordinated,
11 interdisciplinary, interagency early intervention
12 services for all eligible infants and toddlers;
13 (4) enhance the local communities' capacity to
14 provide an array of quality early intervention services;
15 (5) identify and coordinate all available resources
16 for early intervention within the State including those
17 from federal, State, local and private sources;
18 (6) provide financial and technical assistance to
19 local communities for the purposes of coordinating early
20 intervention services in local communities and enhancing
21 the communities' capacity to provide individualized early
22 intervention services to all eligible infants and
23 toddlers in their homes or in community environments; and
24 (7) affirm that eligible infants and toddlers have
25 a right to receive early intervention services to the
26 maximum extent appropriate, in natural environments in
27 which infants and toddlers without disabilities would
28 participate in their own homes or, if provision of
29 services at home is not possible or is rejected by the
30 parents, in natural settings in local community
31 environments.
32 (c) The General Assembly further finds that early
33 intervention services are cost-effective and effectively
34 serve the developmental needs of eligible infants and
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1 toddlers and their families. Therefore, the purpose of this
2 Act is to provide a comprehensive, coordinated, interagency,
3 interdisciplinary early intervention services system for
4 eligible infants and toddlers and their families by enhancing
5 the capacity to provide quality early intervention services,
6 expanding and improving existing services, and facilitating
7 coordination of payments for early intervention services from
8 various public and private sources.
9 (Source: P.A. 87-680.)
10 (325 ILCS 20/3) (from Ch. 23, par. 4153)
11 Sec. 3. Definitions. As used in this Act:
12 (a) "Eligible infants and toddlers" means infants and
13 toddlers under 36 months of age with any of the following
14 conditions:
15 (1) Disabilities due to developmental delay.
16 (2) A physical or mental condition which typically
17 results has a high probability of resulting in
18 developmental delay.
19 (3) Being at risk of having substantial
20 developmental delays as defined by the Department by rule
21 due to a combination of serious factors.
22 (b) "Developmental delay" means a delay in one or more
23 of the following areas of childhood development as measured
24 by appropriate diagnostic instruments and standard
25 procedures: cognitive; physical, including vision and
26 hearing; language, speech and communication; psycho-social;
27 or self-help skills.
28 (c) "Physical or mental condition which typically
29 results has a high probability of resulting in developmental
30 delay" means:
31 (1) a diagnosed medical disorder bearing a
32 relatively well known expectancy for developmental
33 outcomes within varying ranges of developmental
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1 disabilities; or
2 (2) a history of prenatal, perinatal, neonatal or
3 early developmental events suggestive of biological
4 insults to the developing central nervous system and
5 which either singly or collectively increase the
6 probability of developing a disability or delay based on
7 a medical history.
8 (d) (Blank). "At risk of having substantial
9 developmental delay" means the presence of at least 3 at risk
10 conditions, plus a consensus based on clinical judgment, that
11 the presence of these conditions warrants a risk of
12 substantial developmental delay if early intervention
13 services are not provided. A list of at risk conditions
14 shall be developed by the Illinois Interagency Council on
15 Early Intervention. When relying on clinical judgment, which
16 includes both clinical observations and parental
17 participation, a developmental delay will be determined by a
18 consensus of an interdisciplinary team of at least 2 or more
19 members based on their professional experience and expertise.
20 desired by families.
17 (f) "Individualized Family Service Plan" or "Plan" means
18 a written plan for providing early intervention services to a
19 child eligible under this Act and the child's family, as set
20 forth in Section 11.
21 (g) "Local interagency agreement" means an agreement
22 entered into by local community and State and regional
23 agencies receiving early intervention funds directly from the
24 State and made in accordance with State interagency
25 agreements providing for the delivery of early intervention
26 services within a local community area.
27 (h) "Council" means the Illinois Interagency Council on
28 Early Intervention established under Section 4.
29 (i) "Lead agency" means the State agency responsible for
30 administering this Act and receiving and disbursing public
31 funds received in accordance with State and federal law and
32 rules.
33 (j) "Child find" means a service which identifies
34 eligible infants and toddlers.
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1 (Source: P.A. 90-158, eff. 1-1-98.)
2 (325 ILCS 20/4) (from Ch. 23, par. 4154)
3 Sec. 4. Illinois Interagency Council on Early
4 Intervention.
5 (a) There is established the Illinois Interagency
6 Council on Early Intervention. The Council shall be composed
7 of at least 15 but not more than 25 members. The members of
8 the Council and the designated chairperson of the Council
9 shall be appointed by the Governor. The Council member
10 representing the lead agency may not serve as chairperson of
11 the Council. The Council shall be composed of the following
12 members:
13 (1) The Secretary of Human Services (or his or her
14 designee) and 2 additional representatives of the
15 Department of Human Services designated by the Secretary,
16 plus the Directors (or their designees) of the following
17 State agencies involved in the provision of or payment
18 for early intervention services to eligible infants and
19 toddlers and their families:
20 (A) Illinois State Board of Education;
21 (B) (Blank);
22 (C) (Blank);
23 (D) Illinois Department of Children and Family
24 Services;
25 (E) University of Illinois Division of
26 Specialized Care for Children;
27 (F) Illinois Department of Public Aid;
28 (G) (Blank) Illinois Department of Public
29 Health;
30 (H) (Blank);
31 (I) Illinois Planning Council on Developmental
32 Disabilities; and
33 (J) Illinois Department of Insurance.
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1 (2) Other members as follows:
2 (A) At least 20% of the members of the Council
3 shall be parents, including minority parents, of
4 infants or toddlers with disabilities or children
5 with disabilities aged 12 or younger, with knowledge
6 of, or experience with, programs for infants and
7 toddlers with disabilities. At least one such
8 member shall be a parent of an infant or toddler
9 with a disability or a child with a disability aged
10 6 or younger;
11 (B) At least 20% of the members of the Council
12 shall be public or private providers of early
13 intervention services;
14 (C) One member shall be a representative of
15 the General Assembly; and
16 (D) One member shall be involved in the
17 preparation of professional personnel to serve
18 infants and toddlers similar to those eligible for
19 services under this Act.
20 The Council shall meet at least quarterly and in such
21 places as it deems necessary. Terms of the initial members
22 appointed under paragraph (2) shall be determined by lot at
23 the first Council meeting as follows: of the persons
24 appointed under subparagraphs (A) and (B), one-third shall
25 serve one year terms, one-third shall serve 2 year terms, and
26 one-third shall serve 3 year terms; and of the persons
27 appointed under subparagraphs (C) and (D), one shall serve a
28 2 year term and one shall serve a 3 year term. Thereafter,
29 successors appointed under paragraph (2) shall serve 3 year
30 terms. Once appointed, members shall continue to serve until
31 their successors are appointed. No member shall be appointed
32 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 Council shall prepare and approve a budget using
5 funds appropriated for the purpose to hire staff, and obtain
6 the services of such professional, technical, and clerical
7 personnel as may be necessary to carry out its functions
8 under this Act. This funding support and staff shall be
9 directed by the lead agency.
10 (b) The Council shall:
11 (1) advise and assist the lead agency in the
12 performance of its responsibilities including but not
13 limited to the identification of sources of fiscal and
14 other support services for early intervention programs,
15 and the promotion of interagency agreements which assign
16 financial responsibility to the appropriate agencies;
17 (2) advise and assist the lead agency in the
18 preparation of applications and amendments to
19 applications;
20 (3) review and advise on relevant regulations and
21 standards proposed by the related State agencies;
22 (4) advise and assist the lead agency in the
23 development, implementation and evaluation of the
24 comprehensive early intervention services system; and
25 (5) prepare and submit an annual report to the
26 Governor and to the General Assembly on the status of
27 early intervention programs for eligible infants and
28 toddlers and their families in Illinois. The annual
29 report shall include (i) the estimated number of eligible
30 infants and toddlers in this State, (ii) the number of
31 eligible infants and toddlers who have received services
32 under this Act and the cost of providing those services,
33 and (iii) the estimated cost of providing services under
34 this Act to all eligible infants and toddlers in this
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1 State.
2 No member of the Council shall cast a vote on or
3 participate substantially in any matter which would provide a
4 direct financial benefit to that member or otherwise give the
5 appearance of a conflict of interest under State law. All
6 provisions and reporting requirements of the Illinois
7 Governmental Ethics Act shall apply to Council members.
8 (Source: P.A. 89-294, eff. 1-1-96; 89-507, eff. 7-1-97;
9 89-626, eff. 8-9-96; revised 10-31-98.)
10 (325 ILCS 20/6) (from Ch. 23, par. 4156)
11 Sec. 6. Local Structure and Interagency Councils. The
12 lead agency, in conjunction with the Council and as defined
13 by administrative rule, shall define at least 40 and no more
14 than 60 local service areas and define the geographic
15 boundaries of each so that all areas of the State are
16 included in a local service area but no area of the State is
17 included in more than one service area. In each local
18 service area, the lead agency shall designate a regional
19 entity core provider responsible for the assessment of
20 eligibility and services and a local interagency council
21 responsible for coordination and design of child find and
22 public awareness. The regional entity as a part of the lead
23 agency A coordination/advocacy provider shall be responsible
24 for staffing the local council, carrying out child find and
25 public awareness activities, and providing advocacy for
26 eligible families within the given geographic area. The
27 regional coordinating entity is the prime contractor
28 responsible as a part of to the lead agency for
29 implementation of this Act. There shall not be unnecessary
30 duplication of effort by the various agencies involved in the
31 State's child find system established under this Section.
32 The lead agency, in conjunction with the Council, shall
33 create local interagency councils. Members of each local
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1 interagency council shall include, but not be limited to, the
2 following: parents; representatives from coordination and
3 advocacy service providers; local education agencies; other
4 local public and private service providers; representatives
5 from State agencies at the local level; and others deemed
6 necessary by the local council.
7 Local interagency councils shall:
8 (a) assist in the development of collaborative
9 agreements between local service providers, diagnostic
10 and other agencies providing additional services to the
11 child and family;
12 (b) assist in conducting local needs assessments
13 and planning efforts;
14 (c) identify and resolve local access issues;
15 (d) conduct collaborative child find activities;
16 (e) coordinate public awareness initiatives;
17 (f) coordinate local planning and evaluation;
18 (g) assist in the recruitment of specialty
19 personnel;
20 (h) develop plans for facilitating transition and
21 integration of eligible children and families into the
22 community;
23 (i) facilitate conflict resolution at the local
24 level; and
25 (j) report annually to the Council.
26 (Source: P.A. 87-680; 87-847.)
27 (325 ILCS 20/11) (from Ch. 23, par. 4161)
28 Sec. 11. Individualized Family Service Plans. Each
29 eligible infant or toddler and that infant's or toddler's
30 family shall receive:
31 (a) timely, comprehensive, multidisciplinary
32 interdisciplinary assessment of the unique needs of each
33 eligible infant and toddler, and assessment of the
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1 concerns and priorities of the families to appropriately
2 assist them in meeting their needs and identify services
3 to meet those needs; and
4 (b) a written Individualized Family Service Plan
5 developed by an multidisciplinary interdisciplinary team
6 which includes the parent or guardian.
7 The Individualized Family Service Plan shall be evaluated
8 once a year and the family shall be provided a review of the
9 Plan at 6 month intervals or more often where appropriate
10 based on infant or toddler and family needs.
11 The evaluation and initial assessment and initial Plan
12 meeting must be held within 45 days after the initial contact
13 with the early intervention services system. With parental
14 consent, early intervention services may commence before the
15 completion of the comprehensive assessment and development of
16 the Plan.
17 Parents must be informed that, at their discretion, early
18 intervention services shall be provided to each eligible
19 infant and toddler in the natural environment, which may
20 include the home or other community settings parents' home.
21 Parents shall make the final decision to accept or decline
22 early intervention services. A decision to decline such
23 services shall not be a basis for administrative
24 determination of parental fitness, or other findings or
25 sanctions against the parents. Parameters of the Plan shall
26 be set forth in rules.
27 (Source: P.A. 87-680.)
28 (325 ILCS 20/12) (from Ch. 23, par. 4162)
29 Sec. 12. Procedural Safeguards. The lead agency shall
30 adopt procedural safeguards that meet federal requirements
31 and ensure effective implementation of the safeguards for
32 families by each public agency involved in the provision of
33 early intervention services under this Act.
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1 The procedural safeguards shall provide, at a minimum,
2 the following:
3 (a) The timely administrative resolution of
4 complaints by parents as defined by administrative rule.
5 The process shall use formal mediation procedures used by
6 the lead agency, as well as prescribed due process
7 procedures, which may be used by families at their
8 discretion.
9 (b) The right to confidentiality of personally
10 identifiable information.
11 (c) The opportunity for parents and a guardian to
12 examine and receive copies of records relating to
13 assessment, screening, eligibility determinations, and
14 the development and implementation of the Individualized
15 Family Service Plan.
16 (d) Procedures to protect the rights of the
17 eligible infant or toddler whenever the parents or
18 guardians of the child are not known or unavailable or
19 the child is a ward of the State, including the
20 assignment of an individual (who shall not be an employee
21 of the State agency or local agency providing services)
22 to act as a surrogate for the parents or guardian.
23 (e) Timely written prior notice to the parents or
24 guardian of the eligible infant or toddler whenever the
25 State agency or public or private service provider
26 proposes to initiate or change or refuses to initiate or
27 change the identification, evaluation, placement, or the
28 provision of appropriate early intervention services to
29 the eligible infant or toddler.
30 (f) Written prior notice to fully inform the
31 parents or guardians, in their primary language, in a
32 comprehensible manner, of these procedural safeguards.
33 (g) During the pendency of any proceedings or
34 action involving a complaint, unless the State agency and
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1 the parents or guardian otherwise agree, the child shall
2 continue to receive the appropriate early intervention
3 services currently being provided, or in the case of an
4 application for initial services, the child shall receive
5 the services not in dispute.
6 (Source: P.A. 87-680; 87-847.)
7 (325 ILCS 20/13) (from Ch. 23, par. 4163)
8 Sec. 13. Funding and Fiscal Responsibility. The lead
9 agency and every other participating State agency may receive
10 and expend funds appropriated by the General Assembly to
11 implement the early intervention services system as required
12 by this Act.
13 The lead agency and each participating State agency shall
14 identify and report on an annual basis to the Council the
15 State agency funds utilized for the provision of early
16 intervention services to eligible infants and toddlers.
17 Funds provided under Section 673 of the Individuals with
18 Disabilities Education Act (20 United States Code 1473) may
19 not be used to satisfy a financial commitment for services
20 which would have been paid for from another public or private
21 source but for the enactment of this Act, except whenever
22 considered necessary to prevent delay in receiving
23 appropriate early intervention services by the eligible
24 infant or toddler or family in a timely manner. Funds
25 provided under Section 673 of the Individuals with
26 Disabilities Education Act may be used by the lead agency to
27 pay the provider of services pending reimbursement from the
28 appropriate state agency.
29 Nothing in this Act shall be construed to permit the
30 State to reduce medical or other assistance available or to
31 alter eligibility under Title V and Title XIX of the Social
32 Security Act relating to the Maternal Child Health Program
33 and Medicaid for eligible infants and toddlers in this State.
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1 From the sum appropriated to the lead agency for the
2 purposes of this Act, the lead agency shall distribute funds
3 to the prime contractor for each local community area for the
4 provision of early intervention services. The local community
5 area may meet its obligations to assure appropriate early
6 intervention services through contracts with public or
7 private agencies that meet the requirements of this Act.
8 The lead agency shall create a central billing office to
9 receive and dispense all relevant State and federal
10 resources, as well as local government or independent
11 resources available, for early intervention services. This
12 office shall assure that maximum federal resources are
13 utilized and that providers receive funds with minimal
14 duplications or interagency reporting and with consolidated
15 audit procedures. The lead agency shall also create a
16 resource review committee on the use of public and private
17 sector resources.
18 The lead agency may also create a system of payments by
19 families, including a schedule of fees. The central billing
20 office within the lead agency shall be the entity responsible
21 for assessing and collecting fees. No fees, however, may be
22 charged for: implementing child find, evaluation and
23 assessment, service coordination, administrative and
24 coordination activities related to the development, review,
25 and evaluation of Individualized Family Service Plans, or the
26 implementation of procedural safeguards and other
27 administrative components of the statewide early intervention
28 system.
29 (Source: P.A. 87-680.)
30 (325 ILCS 20/14 rep.)
31 Section 10. The Early Intervention Services System Act
32 is amended by repealing Section 14.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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