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91_SB1065enr
SB1065 Enrolled LRB9102324SMdvA
1 AN ACT to amend the Early Intervention Services System
2 Act by changing Sections 2, 3, 6, 11, 12, and 13 and by
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, 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) Developmental delays as defined by the
16 Department by rule Disabilities due to developmental
17 delay.
18 (2) A physical or mental condition which typically
19 results has a high probability of resulting in
20 developmental delay.
21 (3) Being at risk of having substantial
22 developmental delays based on informed clinical judgment
23 due to a combination of serious factors.
24 (b) "Developmental delay" means a delay in one or more
25 of the following areas of childhood development as measured
26 by appropriate diagnostic instruments and standard
27 procedures: cognitive; physical, including vision and
28 hearing; language, speech and communication; psycho-social;
29 or self-help skills.
30 (c) "Physical or mental condition which typically
31 results has a high probability of resulting in developmental
32 delay" means:
33 (1) a diagnosed medical disorder bearing a
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1 relatively well known expectancy for developmental
2 outcomes within varying ranges of developmental
3 disabilities; or
4 (2) a history of prenatal, perinatal, neonatal or
5 early developmental events suggestive of biological
6 insults to the developing central nervous system and
7 which either singly or collectively increase the
8 probability of developing a disability or delay based on
9 a medical history.
10 (d) "Informed clinical judgment" means both clinical
11 observations and parental participation to determine
12 eligibility by a consensus of a multidisciplinary team of 2
13 or more members based on their professional experience and
14 expertise. "At risk of having substantial developmental
15 delay" means the presence of at least 3 at risk conditions,
16 plus a consensus based on clinical judgment, that the
17 presence of these conditions warrants a risk of substantial
18 developmental delay if early intervention services are not
19 provided. A list of at risk conditions shall be developed by
20 the Illinois Interagency Council on Early Intervention. When
21 relying on clinical judgment, which includes both clinical
22 observations and parental participation, a developmental
23 delay will be determined by a consensus of an
24 interdisciplinary team of at least 2 or more members based on
25 their professional experience and expertise.
26 (e) "Early intervention services" means services which:
27 (1) are designed to meet the developmental needs of
28 each child eligible under this Act and the needs of his
29 or her family;
30 (2) are selected in collaboration with the child's
31 family;
32 (3) are provided under public supervision;
33 (4) are provided at no cost except where a schedule
34 of sliding scale fees or other system of payments by
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1 families has been adopted in accordance with State and
2 federal law;
3 (5) are designed to meet an infant's or toddler's
4 developmental needs in any of the following areas:
5 (A) physical development, including vision and
6 hearing,
7 (B) cognitive development,
8 (C) communication development,
9 (D) social or emotional development, or
10 (E) adaptive development;
11 (6) meet the standards of the State, including the
12 requirements of this Act;
13 (7) include one or more of the following:
14 (A) family training,
15 (B) social work services, including
16 counseling, and home visits,
17 (C) special instruction,
18 (D) speech, language pathology and audiology,
19 (E) occupational therapy,
20 (F) physical therapy,
21 (G) psychological services,
22 (H) service coordination services,
23 (I) medical services only for diagnostic or
24 evaluation purposes,
25 (J) early identification, screening, and
26 assessment services,
27 (K) health services specified by the lead
28 agency as necessary to enable the infant or toddler
29 to benefit from the other early intervention
30 services,
31 (L) vision services,
32 (M) transportation, and
33 (N) assistive technology devices and services;
34 (8) are provided by qualified personnel, including
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1 but not limited to:
2 (A) child development specialists or special
3 educators,
4 (B) speech and language pathologists and
5 audiologists,
6 (C) occupational therapists,
7 (D) physical therapists,
8 (E) social workers,
9 (F) nurses,
10 (G) nutritionists,
11 (H) optometrists,
12 (I) psychologists, and
13 (J) physicians;
14 (9) are provided in conformity with an
15 Individualized Family Service Plan;
16 (10) are provided throughout the year; and
17 (11) are provided in natural environments,
18 including the home and community settings in which
19 infants and toddlers without disabilities would
20 participate to the extent determined by the
21 multidisciplinary Individualized Family Service Plan
22 desired by families.
23 (f) "Individualized Family Service Plan" or "Plan" means
24 a written plan for providing early intervention services to a
25 child eligible under this Act and the child's family, as set
26 forth in Section 11.
27 (g) "Local interagency agreement" means an agreement
28 entered into by local community and State and regional
29 agencies receiving early intervention funds directly from the
30 State and made in accordance with State interagency
31 agreements providing for the delivery of early intervention
32 services within a local community area.
33 (h) "Council" means the Illinois Interagency Council on
34 Early Intervention established under Section 4.
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1 (i) "Lead agency" means the State agency responsible for
2 administering this Act and receiving and disbursing public
3 funds received in accordance with State and federal law and
4 rules.
5 (j) "Child find" means a service which identifies
6 eligible infants and toddlers.
7 (Source: P.A. 90-158, eff. 1-1-98.)
8 (325 ILCS 20/6) (from Ch. 23, par. 4156)
9 Sec. 6. Local Structure and Interagency Councils. The
10 lead agency, in conjunction with the Council and as defined
11 by administrative rule, shall define at least 40 and no more
12 than 60 local service areas and define the geographic
13 boundaries of each so that all areas of the State are
14 included in a local service area but no area of the State is
15 included in more than one service area. In each local
16 service area, the lead agency shall designate a regional
17 entity core provider responsible for the assessment of
18 eligibility and services and a local interagency council
19 responsible for coordination and design of child find and
20 public awareness. The regional entity A
21 coordination/advocacy provider shall be responsible for
22 staffing the local council, carrying out child find and
23 public awareness activities, and providing advocacy for
24 eligible families within the given geographic area. The
25 regional coordinating entity is the prime contractor
26 responsible to the lead agency for implementation of this
27 Act.
28 The lead agency, in conjunction with the Council, shall
29 create local interagency councils. Members of each local
30 interagency council shall include, but not be limited to, the
31 following: parents; representatives from coordination and
32 advocacy service providers; local education agencies; other
33 local public and private service providers; representatives
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1 from State agencies at the local level; and others deemed
2 necessary by the local council.
3 Local interagency councils shall:
4 (a) assist in the development of collaborative
5 agreements between local service providers, diagnostic
6 and other agencies providing additional services to the
7 child and family;
8 (b) assist in conducting local needs assessments
9 and planning efforts;
10 (c) identify and resolve local access issues;
11 (d) conduct collaborative child find activities;
12 (e) coordinate public awareness initiatives;
13 (f) coordinate local planning and evaluation;
14 (g) assist in the recruitment of specialty
15 personnel;
16 (h) develop plans for facilitating transition and
17 integration of eligible children and families into the
18 community;
19 (i) facilitate conflict resolution at the local
20 level; and
21 (j) report annually to the Council.
22 (Source: P.A. 87-680; 87-847.)
23 (325 ILCS 20/11) (from Ch. 23, par. 4161)
24 Sec. 11. Individualized Family Service Plans. Each
25 eligible infant or toddler and that infant's or toddler's
26 family shall receive:
27 (a) timely, comprehensive, multidisciplinary
28 interdisciplinary assessment of the unique needs of each
29 eligible infant and toddler, and assessment of the
30 concerns and priorities of the families to appropriately
31 assist them in meeting their needs and identify services
32 to meet those needs; and
33 (b) a written Individualized Family Service Plan
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1 developed by a multidisciplinary an interdisciplinary
2 team which includes the parent or guardian.
3 The Individualized Family Service Plan shall be evaluated
4 once a year and the family shall be provided a review of the
5 Plan at 6 month intervals or more often where appropriate
6 based on infant or toddler and family needs.
7 The evaluation and initial assessment and initial Plan
8 meeting must be held within 45 days after the initial contact
9 with the early intervention services system. With parental
10 consent, early intervention services may commence before the
11 completion of the comprehensive assessment and development of
12 the Plan.
13 Parents must be informed that, at their discretion, early
14 intervention services shall be provided to each eligible
15 infant and toddler in the natural environment, which may
16 include the home or other community settings parents' home.
17 Parents shall make the final decision to accept or decline
18 early intervention services. A decision to decline such
19 services shall not be a basis for administrative
20 determination of parental fitness, or other findings or
21 sanctions against the parents. Parameters of the Plan shall
22 be set forth in rules.
23 (Source: P.A. 87-680.)
24 (325 ILCS 20/12) (from Ch. 23, par. 4162)
25 Sec. 12. Procedural Safeguards. The lead agency shall
26 adopt procedural safeguards that meet federal requirements
27 and ensure effective implementation of the safeguards for
28 families by each public agency involved in the provision of
29 early intervention services under this Act.
30 The procedural safeguards shall provide, at a minimum,
31 the following:
32 (a) The timely administrative resolution of
33 complaints by parents as defined by administrative rule.
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1 The process shall use formal mediation procedures used by
2 the lead agency, as well as prescribed due process
3 procedures, which may be used by families at their
4 discretion.
5 (b) The right to confidentiality of personally
6 identifiable information.
7 (c) The opportunity for parents and a guardian to
8 examine and receive copies of records relating to
9 assessment, screening, eligibility determinations, and
10 the development and implementation of the Individualized
11 Family Service Plan.
12 (d) Procedures to protect the rights of the
13 eligible infant or toddler whenever the parents or
14 guardians of the child are not known or unavailable or
15 the child is a ward of the State, including the
16 assignment of an individual (who shall not be an employee
17 of the State agency or local agency providing services)
18 to act as a surrogate for the parents or guardian.
19 (e) Timely written prior notice to the parents or
20 guardian of the eligible infant or toddler whenever the
21 State agency or public or private service provider
22 proposes to initiate or change or refuses to initiate or
23 change the identification, evaluation, placement, or the
24 provision of appropriate early intervention services to
25 the eligible infant or toddler.
26 (f) Written prior notice to fully inform the
27 parents or guardians, in their primary language, in a
28 comprehensible manner, of these procedural safeguards.
29 (g) During the pendency of any proceedings or
30 action involving a complaint, unless the State agency and
31 the parents or guardian otherwise agree, the child shall
32 continue to receive the appropriate early intervention
33 services currently being provided, or in the case of an
34 application for initial services, the child shall receive
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1 the services not in dispute.
2 (Source: P.A. 87-680; 87-847.)
3 (325 ILCS 20/13) (from Ch. 23, par. 4163)
4 Sec. 13. Funding and Fiscal Responsibility. The lead
5 agency and every other participating State agency may receive
6 and expend funds appropriated by the General Assembly to
7 implement the early intervention services system as required
8 by this Act.
9 The lead agency and each participating State agency shall
10 identify and report on an annual basis to the Council the
11 State agency funds utilized for the provision of early
12 intervention services to eligible infants and toddlers.
13 Funds provided under Section 633 673 of the Individuals
14 with Disabilities Education Act (20 United States Code 1433
15 1473) may not be used to satisfy a financial commitment for
16 services which would have been paid for from another public
17 or private source but for the enactment of this Act, except
18 whenever considered necessary to prevent delay in receiving
19 appropriate early intervention services by the eligible
20 infant or toddler or family in a timely manner. Funds
21 provided under Section 633 673 of the Individuals with
22 Disabilities Education Act may be used by the lead agency to
23 pay the provider of services pending reimbursement from the
24 appropriate state agency.
25 Nothing in this Act shall be construed to permit the
26 State to reduce medical or other assistance available or to
27 alter eligibility under Title V and Title XIX of the Social
28 Security Act relating to the Maternal Child Health Program
29 and Medicaid for eligible infants and toddlers in this State.
30 From the sum appropriated to the lead agency for the
31 purposes of this Act, the lead agency shall distribute funds
32 to the prime contractor for each local community area for the
33 provision of early intervention services. The local community
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1 area may meet its obligations to assure appropriate early
2 intervention services through contracts with public or
3 private agencies that meet the requirements of this Act.
4 The lead agency shall create a central billing office to
5 receive and dispense all relevant State and federal
6 resources, as well as local government or independent
7 resources available, for early intervention services. This
8 office shall assure that maximum federal resources are
9 utilized and that providers receive funds with minimal
10 duplications or interagency reporting and with consolidated
11 audit procedures. The lead agency shall also create a
12 resource review committee on the use of public and private
13 sector resources.
14 The lead agency may also create a system of payments by
15 families, including a schedule of fees. No fees, however, may
16 be charged for: implementing child find, evaluation and
17 assessment, service coordination, administrative and
18 coordination activities related to the development, review,
19 and evaluation of Individualized Family Service Plans, or the
20 implementation of procedural safeguards and other
21 administrative components of the statewide early intervention
22 system.
23 (Source: P.A. 87-680.)
24 (325 ILCS 20/14 rep.)
25 Section 10. The Early Intervention Services System Act
26 is amended by repealing Section 14.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
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