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90_HB1578enr
325 ILCS 20/3 from Ch. 23, par. 4153
325 ILCS 20/5 from Ch. 23, par. 4155
Amends the Early Intervention Services System Act.
Provides that the Department of Human Services (rather than
an agency designated by the Governor) is designated the
"lead agency" for purposes of administering the Act.
LRB9004857DJcd
HB1578 Enrolled LRB9004857DJcd
1 AN ACT to amend the Early Intervention Services System
2 Act by changing Sections 3 and 5.
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 and 5 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 in one or more
19 of the following areas of childhood development as measured
20 by appropriate diagnostic instruments and standard
21 procedures: cognitive; physical, including vision and
22 hearing; language, speech and communication; psycho-social;
23 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, as designated
23 by the Governor, responsible for administering this Act and
24 receiving and disbursing public funds received in accordance
25 with State and federal law and rules.
26 (j) "Child find" means a service which identifies
27 eligible infants and toddlers.
28 (Source: P.A. 87-680; 87-847.)
29 (325 ILCS 20/5) (from Ch. 23, par. 4155)
30 Sec. 5. Lead Agency. The Department of Human Services
31 is designated the lead agency and designated by the Governor
32 shall provide leadership in establishing and implementing the
33 coordinated, comprehensive, interagency and interdisciplinary
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1 system of early intervention services. The lead agency shall
2 not have the sole responsibility for providing these
3 services. Each participating State agency shall continue to
4 coordinate those early intervention services relating to
5 health, social service and education provided under this
6 authority.
7 The lead agency is responsible for carrying out:
8 (a) the general administration, supervision, and
9 monitoring of programs and activities receiving
10 assistance under Section 673 of the Individuals with
11 Disabilities Education Act (20 United States Code 1473);
12 (b) the identification and coordination of all
13 available resources within the State from federal, State,
14 local and private sources;
15 (c) the development of procedures to ensure that
16 services are provided to eligible infants and toddlers
17 and their families in a timely manner pending the
18 resolution of any disputes among public agencies or
19 service providers;
20 (d) the resolution of intra-agency and interagency
21 regulatory and procedural disputes; and
22 (e) the development and implementation of formal
23 interagency agreements between the lead agency and other
24 relevant State agencies that:
25 (1) define the financial responsibility of
26 each agency for paying for early intervention
27 services (consistent with existing State and federal
28 law and rules) and procedures for resolving service
29 disputes; and
30 (2) include all additional components
31 necessary to ensure meaningful cooperation and
32 coordination.
33 (Source: P.A. 87-680.)