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90_HB1807ham001
LRB9004782DNmbam02
1 AMENDMENT TO HOUSE BILL 1807
2 AMENDMENT NO. . Amend House Bill 1807 by replacing
3 the title with the following:
4 "AN ACT to amend the Early Intervention Services System
5 Act by changing Sections 3, 4, 5, and 14."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Early Intervention Services System Act
9 is amended by changing Sections 3, 4, 5, and 14 as follows:
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 has a high
17 probability of resulting in developmental delay.
18 (3) Being at risk of having substantial
19 developmental delays due to a combination of serious
20 factors.
21 (b) "Developmental delay" means a delay of 25% in one of
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1 the following areas or 20% in 2 or more of the following
2 areas of childhood development as measured by appropriate
3 diagnostic instruments and standard procedures: cognitive;
4 physical, including vision and hearing; language, speech and
5 communication; psycho-social; or self-help skills.
6 (c) "Physical or mental condition which has a high
7 probability of resulting in developmental delay" means:
8 (1) a diagnosed medical disorder bearing a
9 relatively well known expectancy for developmental
10 outcomes within varying ranges of developmental
11 disabilities; or
12 (2) a history of prenatal, perinatal, neonatal or
13 early developmental events suggestive of biological
14 insults to the developing central nervous system and
15 which either singly or collectively increase the
16 probability of developing a disability or delay based on
17 a medical history.
18 (d) "At risk of having substantial developmental delay"
19 means the presence of at least 3 at risk conditions, plus a
20 consensus based on clinical judgment, that the presence of
21 these conditions warrants a risk of substantial developmental
22 delay if early intervention services are not provided. A
23 list of at risk conditions shall be developed by the Illinois
24 Interagency Council on Early Intervention. When relying on
25 clinical judgment, which includes both clinical observations
26 and parental participation, a developmental delay will be
27 determined by a consensus of an interdisciplinary team of at
28 least 2 or more members based on their professional
29 experience and expertise.
30 (e) "Early intervention services" means services which:
31 (1) are designed to meet the developmental needs of
32 each child eligible under this Act and the needs of his
33 or her family;
34 (2) are selected in collaboration with the child's
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1 family;
2 (3) are provided under public supervision;
3 (4) are provided at no cost except where a schedule
4 of sliding scale fees or other system of payments by
5 families has been adopted in accordance with State and
6 federal law;
7 (5) are designed to meet an infant's or toddler's
8 developmental needs in any of the following areas:
9 (A) physical development,
10 (B) cognitive development,
11 (C) communication development,
12 (D) social or emotional development, or
13 (E) adaptive development;
14 (6) meet the standards of the State, including the
15 requirements of this Act;
16 (7) include one or more of the following:
17 (A) family training,
18 (B) social work services, including
19 counseling, and home visits,
20 (C) special instruction,
21 (D) speech, language pathology and audiology,
22 (E) occupational therapy,
23 (F) physical therapy,
24 (G) psychological services,
25 (H) service coordination services,
26 (I) medical services only for diagnostic or
27 evaluation purposes,
28 (J) early identification, screening, and
29 assessment services,
30 (K) health services specified by the lead
31 agency as necessary to enable the infant or toddler
32 to benefit from the other early intervention
33 services,
34 (L) vision services,
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1 (M) transportation, and
2 (N) assistive technology devices and services;
3 (8) are provided by qualified personnel, including
4 but not limited to:
5 (A) child development specialists or special
6 educators,
7 (B) speech and language pathologists and
8 audiologists,
9 (C) occupational therapists,
10 (D) physical therapists,
11 (E) social workers,
12 (F) nurses,
13 (G) nutritionists,
14 (H) optometrists,
15 (I) psychologists, and
16 (J) physicians;
17 (9) are provided in conformity with an
18 Individualized Family Service Plan;
19 (10) are provided throughout the year; and
20 (11) are provided in natural environments in which
21 infants and toddlers without disabilities would
22 participate to the extent 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, as designated
2 by the Governor, responsible for administering this Act and
3 receiving and disbursing public funds received in accordance
4 with State and federal law and rules. The lead agency shall
5 promulgate a list of conditions which, when present in a
6 child under 36 months of age, constitute a substantial risk
7 of developmental delay.
8 (j) "Child find" means a service which identifies
9 eligible infants and toddlers.
10 (Source: P.A. 87-680; 87-847.)
11 (325 ILCS 20/4) (from Ch. 23, par. 4154)
12 (Text of Section before amendment by P.A. 89-507)
13 Sec. 4. Illinois Interagency Council on Early
14 Intervention.
15 (a) There is established the Illinois Interagency
16 Council on Early Intervention. The Council shall be composed
17 of at least 15 but not more than 25 members. The members of
18 the Council and the designated chairperson of the Council
19 shall be appointed by the Governor. The Council member
20 representing the lead agency may not serve as chairperson of
21 the Council. The Council shall be composed of the following
22 members:
23 (1) The Directors (or their designees) of the
24 following State agencies involved in the provision of or
25 payment for early intervention services to eligible
26 infants and toddlers and their families:
27 (A) Illinois State Board of Education;
28 (B) Illinois Department of Rehabilitation
29 Services;
30 (C) Illinois Department of Mental Health and
31 Developmental Disabilities;
32 (D) Illinois Department of Children and Family
33 Services;
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1 (E) University of Illinois Division of
2 Specialized Care for Children;
3 (F) Illinois Department of Public Aid;
4 (G) Illinois Department of Public Health;
5 (H) Illinois Department of Alcoholism and
6 Substance Abuse;
7 (I) Illinois Planning Council on Developmental
8 Disabilities; and
9 (J) Illinois Department of Insurance.
10 (2) Other members as follows:
11 (A) At least 20% of the members of the Council
12 shall be parents, including minority parents, of
13 infants or toddlers with disabilities or children
14 with disabilities aged 12 or younger, with knowledge
15 of, or experience with, programs for infants and
16 toddlers with disabilities. At least one such
17 member shall be a parent of an infant or toddler
18 with a disability or a child with a disability aged
19 6 or younger;
20 (B) At least 20% of the members of the Council
21 shall be public or private providers of early
22 intervention services;
23 (C) One member shall be a representative of
24 the General Assembly; and
25 (D) One member shall be involved in the
26 preparation of professional personnel to serve
27 infants and toddlers similar to those eligible for
28 services under this Act.
29 The Council shall meet at least quarterly and in such
30 places as it deems necessary. Terms of the initial members
31 appointed under paragraph (2) shall be determined by lot at
32 the first Council meeting as follows: of the persons
33 appointed under subparagraphs (A) and (B), one-third shall
34 serve one year terms, one-third shall serve 2 year terms, and
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1 one-third shall serve 3 year terms; and of the persons
2 appointed under subparagraphs (C) and (D), one shall serve a
3 2 year term and one shall serve a 3 year term. Thereafter,
4 successors appointed under paragraph (2) shall serve 3 year
5 terms. Once appointed, members shall continue to serve until
6 their successors are appointed. No member shall be appointed
7 to serve more than 2 consecutive terms.
8 Council members shall serve without compensation but
9 shall be reimbursed for reasonable costs incurred in the
10 performance of their duties, including costs related to child
11 care, and parents may be paid a stipend in accordance with
12 applicable requirements.
13 The Council shall prepare and approve a budget using
14 funds appropriated for the purpose to hire staff, and obtain
15 the services of such professional, technical, and clerical
16 personnel as may be necessary to carry out its functions
17 under this Act. This funding support and staff shall be
18 directed by the lead agency.
19 (b) The Council shall:
20 (1) advise and assist the lead agency in the
21 performance of its responsibilities including but not
22 limited to the identification of sources of fiscal and
23 other support services for early intervention programs,
24 and the promotion of interagency agreements which assign
25 financial responsibility to the appropriate agencies;
26 (2) advise and assist the lead agency in the
27 preparation of applications and amendments to
28 applications;
29 (3) review and advise on relevant regulations and
30 standards proposed by the related State agencies;
31 (4) advise and assist the lead agency in the
32 development, implementation and evaluation of the
33 comprehensive early intervention services system; and
34 (5) prepare and submit an annual report to the
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1 Governor and to the General Assembly on the status of
2 early intervention programs for eligible infants and
3 toddlers and their families in Illinois. The annual
4 report shall include (i) the estimated number of eligible
5 infants and toddlers in this State, (ii) the number of
6 eligible infants and toddlers who have received services
7 under this Act and the cost of providing those services,
8 and (iii) the estimated cost of providing services under
9 this Act to all eligible infants and toddlers in this
10 State.
11 No member of the Council shall cast a vote on or
12 participate substantially in any matter which would provide a
13 direct financial benefit to that member or otherwise give the
14 appearance of a conflict of interest under State law. All
15 provisions and reporting requirements of the Illinois
16 Governmental Ethics Act shall apply to Council members.
17 (Source: P.A. 89-294, eff. 1-1-96; 89-626, eff. 8-9-96.)
18 (Text of Section after amendment by P.A. 89-507)
19 Sec. 4. Illinois Interagency Council on Early
20 Intervention.
21 (a) There is established the Illinois Interagency
22 Council on Early Intervention. The Council shall be composed
23 of at least 15 but not more than 25 members. The members of
24 the Council and the designated chairperson of the Council
25 shall be appointed by the Governor. The chairperson shall be
26 the parent of a child with a disability. The Council member
27 representing the lead agency may not serve as chairperson of
28 the Council. The Council shall be composed of the following
29 members:
30 (1) The Secretary of Human Services (or his or her
31 designee) and 2 additional representatives of the
32 Department of Human Services designated by the Secretary,
33 plus the Directors (or their designees) of the following
34 State agencies involved in the provision of or payment
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1 for early intervention services to eligible infants and
2 toddlers and their families:
3 (A) Illinois State Board of Education;
4 (B) (Blank);
5 (C) (Blank;
6 (D) Illinois Department of Children and Family
7 Services;
8 (E) University of Illinois Division of
9 Specialized Care for Children;
10 (F) Illinois Department of Public Aid;
11 (G) Illinois Department of Public Health;
12 (H) (Blank);
13 (I) Illinois Planning Council on Developmental
14 Disabilities; and
15 (J) Illinois Department of Insurance.
16 (2) Other members as follows:
17 (A) At least 20% of the members of the Council
18 shall be parents, including minority parents, of
19 infants or toddlers with disabilities or children
20 with disabilities aged 12 or younger, with knowledge
21 of, or experience with, programs for infants and
22 toddlers with disabilities. At least one such
23 member shall be a parent of an infant or toddler
24 with a disability or a child with a disability aged
25 6 or younger;
26 (B) At least 20% of the members of the Council
27 shall be public or private providers of early
28 intervention services;
29 (C) One member shall be a representative of
30 the General Assembly; and
31 (D) One member shall be involved in the
32 preparation of professional personnel to serve
33 infants and toddlers similar to those eligible for
34 services under this Act;.
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1 (E) One member shall be the Early Childhood
2 Intervention Ombudsperson of the Office of the
3 Governor; and
4 (F) One member shall be a representative of
5 Head Start.
6 The Council shall meet at least 6 times each year
7 quarterly and in such places as it deems necessary. Terms of
8 the initial members appointed under paragraph (2) shall be
9 determined by lot at the first Council meeting as follows: of
10 the persons appointed under subparagraphs (A) and (B),
11 one-third shall serve one year terms, one-third shall serve 2
12 year terms, and one-third shall serve 3 year terms; and of
13 the persons appointed under subparagraphs (C) and (D), one
14 shall serve a 2 year term and one shall serve a 3 year term.
15 Thereafter, successors appointed under paragraph (2) shall
16 serve 3 year terms. Once appointed, members shall continue
17 to serve until their successors are appointed. No member
18 shall be appointed to serve more than 2 consecutive terms.
19 Council members shall serve without compensation but
20 shall be reimbursed for reasonable costs incurred in the
21 performance of their duties, including costs related to child
22 care, and parents may be paid a stipend in accordance with
23 applicable requirements.
24 The lead agency shall prepare and submit to the Council
25 by September 1 of each year (i) an annual total budget
26 reflecting income and expenses anticipated from all public
27 sources and (ii) a complete report on all spending and income
28 from all public sources during the prior fiscal year. The
29 Council shall prepare and approve a budget by October 1 of
30 each year for the next fiscal year using funds appropriated
31 for the purpose to hire staff, and obtain the services of
32 such professional, technical, and clerical personnel as may
33 be necessary to carry out its functions under this Act. This
34 funding support and staff shall be directed by the lead
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1 agency. The Council shall hold at least 2 public hearings in
2 October to solicit comments on the budget submitted by the
3 lead agency. The Council shall indicate its opinion
4 regarding the budget submitted by the lead agency to the
5 Governor and General Assembly at the next meeting following
6 the public hearings.
7 (b) The Council shall:
8 (1) advise and assist the lead agency in the
9 performance of its responsibilities including but not
10 limited to the identification of sources of fiscal and
11 other support services for early intervention programs,
12 and the promotion of interagency agreements which assign
13 financial responsibility to the appropriate agencies;
14 (2) advise and assist the lead agency in the
15 preparation of applications and amendments to
16 applications;
17 (3) review and advise on relevant regulations and
18 standards proposed by the related State agencies;
19 (4) advise and assist the lead agency in the
20 development, implementation and evaluation of the
21 comprehensive early intervention services system; and
22 (5) prepare and submit an annual report to the
23 Governor and to the General Assembly on the status of
24 early intervention programs for eligible infants and
25 toddlers and their families in Illinois. The annual
26 report shall include (i) the estimated number of eligible
27 infants and toddlers in this State, (ii) the number of
28 eligible infants and toddlers who have received services
29 under this Act and the cost of providing those services,
30 and (iii) the estimated cost of providing services under
31 this Act to all eligible infants and toddlers in this
32 State.
33 No member of the Council shall cast a vote on or
34 participate substantially in any matter which would provide a
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1 direct financial benefit to that member or otherwise give the
2 appearance of a conflict of interest under State law. All
3 provisions and reporting requirements of the Illinois
4 Governmental Ethics Act shall apply to Council members.
5 State agency staff assigned to the Interagency Council
6 may be given specific tasks by the Council through formal
7 resolutions of the Council.
8 (Source: P.A. 89-294, eff. 1-1-96; 89-507, eff. 7-1-97;
9 89-626, eff. 8-9-96.)
10 (325 ILCS 20/5) (from Ch. 23, par. 4155)
11 Sec. 5. Lead Agency. The lead agency designated by the
12 Governor shall provide leadership in establishing and
13 implementing the coordinated, comprehensive, interagency and
14 interdisciplinary system of early intervention services. The
15 lead agency shall not have the sole responsibility for
16 providing these services. Each participating State agency
17 shall continue to coordinate those early intervention
18 services relating to health, social service and education
19 provided under this authority.
20 The lead agency is responsible for carrying out:
21 (a) the general administration, supervision, and
22 monitoring of programs and activities receiving
23 assistance under Section 673 of the Individuals with
24 Disabilities Education Act (20 United States Code 1473);
25 (b) the identification and coordination of all
26 available resources within the State from federal, State,
27 local and private sources;
28 (c) the development of procedures to ensure that
29 services are provided to eligible infants and toddlers
30 and their families in a timely manner pending the
31 resolution of any disputes among public agencies or
32 service providers;
33 (d) the resolution of intra-agency and interagency
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1 regulatory and procedural disputes; and
2 (e) the development and implementation of formal
3 interagency agreements between the lead agency and other
4 relevant State agencies that:
5 (1) define the financial responsibility of
6 each agency for paying for early intervention
7 services (consistent with existing State and federal
8 law and rules) and procedures for resolving service
9 disputes; and
10 (2) include all additional components
11 necessary to ensure meaningful cooperation and
12 coordination.
13 The lead agency may contract with a private entity to
14 plan or implement any of its responsibilities or duties under
15 this Section. Any plan or implementation shall meet the full
16 requirement of federal law and provide full program and
17 fiscal accountability to the State and the public.
18 (Source: P.A. 87-680.)
19 (325 ILCS 20/14) (from Ch. 23, par. 4164)
20 Sec. 14. Implementation. The lead agency and other
21 participating State agencies shall implement this Act
22 statewide by January 1, 1998, beginning in such areas of the
23 State as shall be designated by rule, as appropriated funds
24 become available.
25 (Source: P.A. 87-680.)
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.".