[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] |
90_HB1807eng
105 ILCS 5/2-3.71b new
Amends the School Code. Directs the State Board of
Education to study and report on the North Carolina early
childhood initiatives and the programs of the North Carolina
Partnership for Children, Inc.
LRB9004782EGfg
HB1807 Engrossed LRB9004782EGfg
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
HB1807 Engrossed -2- LRB9004782EGfg
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;
HB1807 Engrossed -3- LRB9004782EGfg
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,
HB1807 Engrossed -4- LRB9004782EGfg
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. The lead agency shall
26 promulgate a list of conditions which, when present in a
27 child under 36 months of age, constitute a substantial risk
28 of developmental delay.
29 (j) "Child find" means a service which identifies
30 eligible infants and toddlers.
31 (Source: P.A. 87-680; 87-847.)
32 (325 ILCS 20/4) (from Ch. 23, par. 4154)
33 (Text of Section before amendment by P.A. 89-507)
HB1807 Engrossed -5- LRB9004782EGfg
1 Sec. 4. Illinois Interagency Council on Early
2 Intervention.
3 (a) There is established the Illinois Interagency
4 Council on Early Intervention. The Council shall be composed
5 of at least 15 but not more than 25 members. The members of
6 the Council and the designated chairperson of the Council
7 shall be appointed by the Governor. The Council member
8 representing the lead agency may not serve as chairperson of
9 the Council. The Council shall be composed of the following
10 members:
11 (1) The Directors (or their designees) of the
12 following State agencies involved in the provision of or
13 payment for early intervention services to eligible
14 infants and toddlers and their families:
15 (A) Illinois State Board of Education;
16 (B) Illinois Department of Rehabilitation
17 Services;
18 (C) Illinois Department of Mental Health and
19 Developmental Disabilities;
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) Illinois Department of Alcoholism and
27 Substance Abuse;
28 (I) Illinois Planning Council on Developmental
29 Disabilities; and
30 (J) Illinois Department of Insurance.
31 (2) Other members as follows:
32 (A) At least 20% of the members of the Council
33 shall be parents, including minority parents, of
34 infants or toddlers with disabilities or children
HB1807 Engrossed -6- LRB9004782EGfg
1 with disabilities aged 12 or younger, with knowledge
2 of, or experience with, programs for infants and
3 toddlers with disabilities. At least one such
4 member shall be a parent of an infant or toddler
5 with a disability or a child with a disability aged
6 6 or younger;
7 (B) At least 20% of the members of the Council
8 shall be public or private providers of early
9 intervention services;
10 (C) One member shall be a representative of
11 the General Assembly; and
12 (D) One member shall be involved in the
13 preparation of professional personnel to serve
14 infants and toddlers similar to those eligible for
15 services under this Act.
16 The Council shall meet at least quarterly and in such
17 places as it deems necessary. Terms of the initial members
18 appointed under paragraph (2) shall be determined by lot at
19 the first Council meeting as follows: of the persons
20 appointed under subparagraphs (A) and (B), one-third shall
21 serve one year terms, one-third shall serve 2 year terms, and
22 one-third shall serve 3 year terms; and of the persons
23 appointed under subparagraphs (C) and (D), one shall serve a
24 2 year term and one shall serve a 3 year term. Thereafter,
25 successors appointed under paragraph (2) shall serve 3 year
26 terms. Once appointed, members shall continue to serve until
27 their successors are appointed. No member shall be appointed
28 to serve more than 2 consecutive terms.
29 Council members shall serve without compensation but
30 shall be reimbursed for reasonable costs incurred in the
31 performance of their duties, including costs related to child
32 care, and parents may be paid a stipend in accordance with
33 applicable requirements.
34 The Council shall prepare and approve a budget using
HB1807 Engrossed -7- LRB9004782EGfg
1 funds appropriated for the purpose to hire staff, and obtain
2 the services of such professional, technical, and clerical
3 personnel as may be necessary to carry out its functions
4 under this Act. This funding support and staff shall be
5 directed by the lead agency.
6 (b) The Council shall:
7 (1) advise and assist the lead agency in the
8 performance of its responsibilities including but not
9 limited to the identification of sources of fiscal and
10 other support services for early intervention programs,
11 and the promotion of interagency agreements which assign
12 financial responsibility to the appropriate agencies;
13 (2) advise and assist the lead agency in the
14 preparation of applications and amendments to
15 applications;
16 (3) review and advise on relevant regulations and
17 standards proposed by the related State agencies;
18 (4) advise and assist the lead agency in the
19 development, implementation and evaluation of the
20 comprehensive early intervention services system; and
21 (5) prepare and submit an annual report to the
22 Governor and to the General Assembly on the status of
23 early intervention programs for eligible infants and
24 toddlers and their families in Illinois. The annual
25 report shall include (i) the estimated number of eligible
26 infants and toddlers in this State, (ii) the number of
27 eligible infants and toddlers who have received services
28 under this Act and the cost of providing those services,
29 and (iii) the estimated cost of providing services under
30 this Act to all eligible infants and toddlers in this
31 State.
32 No member of the Council shall cast a vote on or
33 participate substantially in any matter which would provide a
34 direct financial benefit to that member or otherwise give the
HB1807 Engrossed -8- LRB9004782EGfg
1 appearance of a conflict of interest under State law. All
2 provisions and reporting requirements of the Illinois
3 Governmental Ethics Act shall apply to Council members.
4 (Source: P.A. 89-294, eff. 1-1-96; 89-626, eff. 8-9-96.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 4. Illinois Interagency Council on Early
7 Intervention.
8 (a) There is established the Illinois Interagency
9 Council on Early Intervention. The Council shall be composed
10 of at least 15 but not more than 25 members. The members of
11 the Council and the designated chairperson of the Council
12 shall be appointed by the Governor. The chairperson shall be
13 the parent of a child with a disability. The Council member
14 representing the lead agency may not serve as chairperson of
15 the Council. The Council shall be composed of the following
16 members:
17 (1) The Secretary of Human Services (or his or her
18 designee) and 2 additional representatives of the
19 Department of Human Services designated by the Secretary,
20 plus the Directors (or their designees) of the following
21 State agencies involved in the provision of or payment
22 for early intervention services to eligible infants and
23 toddlers and their families:
24 (A) Illinois State Board of Education;
25 (B) (Blank);
26 (C) (Blank);
27 (D) Illinois Department of Children and Family
28 Services;
29 (E) University of Illinois Division of
30 Specialized Care for Children;
31 (F) Illinois Department of Public Aid;
32 (G) Illinois Department of Public Health;
33 (H) (Blank);
34 (I) Illinois Planning Council on Developmental
HB1807 Engrossed -9- LRB9004782EGfg
1 Disabilities; and
2 (J) Illinois Department of Insurance.
3 (2) Other members as follows:
4 (A) At least 20% of the members of the Council
5 shall be parents, including minority parents, of
6 infants or toddlers with disabilities or children
7 with disabilities aged 12 or younger, with knowledge
8 of, or experience with, programs for infants and
9 toddlers with disabilities. At least one such
10 member shall be a parent of an infant or toddler
11 with a disability or a child with a disability aged
12 6 or younger;
13 (B) At least 20% of the members of the Council
14 shall be public or private providers of early
15 intervention services;
16 (C) One member shall be a representative of
17 the General Assembly; and
18 (D) One member shall be involved in the
19 preparation of professional personnel to serve
20 infants and toddlers similar to those eligible for
21 services under this Act;.
22 (E) One member shall be the Early Childhood
23 Intervention Ombudsperson of the Office of the
24 Governor; and
25 (F) One member shall be a representative of
26 Head Start.
27 The Council shall meet at least 6 times each year
28 quarterly and in such places as it deems necessary. Terms of
29 the initial members appointed under paragraph (2) shall be
30 determined by lot at the first Council meeting as follows: of
31 the persons appointed under subparagraphs (A) and (B),
32 one-third shall serve one year terms, one-third shall serve 2
33 year terms, and one-third shall serve 3 year terms; and of
34 the persons appointed under subparagraphs (C) and (D), one
HB1807 Engrossed -10- LRB9004782EGfg
1 shall serve a 2 year term and one shall serve a 3 year term.
2 Thereafter, successors appointed under paragraph (2) shall
3 serve 3 year terms. Once appointed, members shall continue
4 to serve until their successors are appointed. No member
5 shall be appointed to serve more than 2 consecutive terms.
6 Council members shall serve without compensation but
7 shall be reimbursed for reasonable costs incurred in the
8 performance of their duties, including costs related to child
9 care, and parents may be paid a stipend in accordance with
10 applicable requirements.
11 The lead agency shall prepare and submit to the Council
12 by September 1 of each year (i) an annual total budget
13 reflecting income and expenses anticipated from all public
14 sources and (ii) a complete report on all spending and income
15 from all public sources during the prior fiscal year. The
16 Council shall prepare and approve a budget by October 1 of
17 each year for the next fiscal year using funds appropriated
18 for the purpose to hire staff, and obtain the services of
19 such professional, technical, and clerical personnel as may
20 be necessary to carry out its functions under this Act. This
21 funding support and staff shall be directed by the lead
22 agency. The Council shall hold at least 2 public hearings in
23 October to solicit comments on the budget submitted by the
24 lead agency. The Council shall indicate its opinion
25 regarding the budget submitted by the lead agency to the
26 Governor and General Assembly at the next meeting following
27 the public hearings.
28 (b) The Council shall:
29 (1) advise and assist the lead agency in the
30 performance of its responsibilities including but not
31 limited to the identification of sources of fiscal and
32 other support services for early intervention programs,
33 and the promotion of interagency agreements which assign
34 financial responsibility to the appropriate agencies;
HB1807 Engrossed -11- LRB9004782EGfg
1 (2) advise and assist the lead agency in the
2 preparation of applications and amendments to
3 applications;
4 (3) review and advise on relevant regulations and
5 standards proposed by the related State agencies;
6 (4) advise and assist the lead agency in the
7 development, implementation and evaluation of the
8 comprehensive early intervention services system; and
9 (5) prepare and submit an annual report to the
10 Governor and to the General Assembly on the status of
11 early intervention programs for eligible infants and
12 toddlers and their families in Illinois. The annual
13 report shall include (i) the estimated number of eligible
14 infants and toddlers in this State, (ii) the number of
15 eligible infants and toddlers who have received services
16 under this Act and the cost of providing those services,
17 and (iii) the estimated cost of providing services under
18 this Act to all eligible infants and toddlers in this
19 State.
20 No member of the Council shall cast a vote on or
21 participate substantially in any matter which would provide a
22 direct financial benefit to that member or otherwise give the
23 appearance of a conflict of interest under State law. All
24 provisions and reporting requirements of the Illinois
25 Governmental Ethics Act shall apply to Council members.
26 State agency staff assigned to the Interagency Council
27 may be given specific tasks by the Council through formal
28 resolutions of the Council.
29 (Source: P.A. 89-294, eff. 1-1-96; 89-507, eff. 7-1-97;
30 89-626, eff. 8-9-96.)
31 (325 ILCS 20/5) (from Ch. 23, par. 4155)
32 Sec. 5. Lead Agency. The lead agency designated by the
33 Governor shall provide leadership in establishing and
HB1807 Engrossed -12- LRB9004782EGfg
1 implementing the coordinated, comprehensive, interagency and
2 interdisciplinary system of early intervention services. The
3 lead agency shall not have the sole responsibility for
4 providing these services. Each participating State agency
5 shall continue to coordinate those early intervention
6 services relating to health, social service and education
7 provided under this authority.
8 The lead agency is responsible for carrying out:
9 (a) the general administration, supervision, and
10 monitoring of programs and activities receiving
11 assistance under Section 673 of the Individuals with
12 Disabilities Education Act (20 United States Code 1473);
13 (b) the identification and coordination of all
14 available resources within the State from federal, State,
15 local and private sources;
16 (c) the development of procedures to ensure that
17 services are provided to eligible infants and toddlers
18 and their families in a timely manner pending the
19 resolution of any disputes among public agencies or
20 service providers;
21 (d) the resolution of intra-agency and interagency
22 regulatory and procedural disputes; and
23 (e) the development and implementation of formal
24 interagency agreements between the lead agency and other
25 relevant State agencies that:
26 (1) define the financial responsibility of
27 each agency for paying for early intervention
28 services (consistent with existing State and federal
29 law and rules) and procedures for resolving service
30 disputes; and
31 (2) include all additional components
32 necessary to ensure meaningful cooperation and
33 coordination.
34 The lead agency may contract with a private entity to
HB1807 Engrossed -13- LRB9004782EGfg
1 plan or implement any of its responsibilities or duties under
2 this Section. Any plan or implementation shall meet the full
3 requirement of federal law and provide full program and
4 fiscal accountability to the State and the public.
5 (Source: P.A. 87-680.)
6 (325 ILCS 20/14) (from Ch. 23, par. 4164)
7 Sec. 14. Implementation. The lead agency and other
8 participating State agencies shall implement this Act
9 statewide by January 1, 1998, beginning in such areas of the
10 State as shall be designated by rule, as appropriated funds
11 become available.
12 (Source: P.A. 87-680.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.