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91_SB1065
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 either any of the
14 following 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 in one or more
22 of the following areas of childhood development as measured
23 by appropriate diagnostic instruments and standard
24 procedures: cognitive; physical, including vision and
25 hearing; language, speech and communication; psycho-social;
26 or self-help skills.
27 (c) "Physical or mental condition which has a high
28 probability of resulting in developmental delay" means:
29 (1) a diagnosed medical disorder bearing a
30 relatively well known expectancy for developmental
31 outcomes within varying ranges of developmental
32 disabilities; or
33 (2) a history of prenatal, perinatal, neonatal or
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1 early developmental events suggestive of biological
2 insults to the developing central nervous system and
3 which either singly or collectively increase the
4 probability of developing a disability or delay based on
5 a medical history.
6 (d) (Blank). "At risk of having substantial
7 developmental delay" means the presence of at least 3 at risk
8 conditions, plus a consensus based on clinical judgment, that
9 the presence of these conditions warrants a risk of
10 substantial developmental delay if early intervention
11 services are not provided. A list of at risk conditions
12 shall be developed by the Illinois Interagency Council on
13 Early Intervention. When relying on clinical judgment, which
14 includes both clinical observations and parental
15 participation, a developmental delay will be determined by a
16 consensus of an interdisciplinary team of at least 2 or more
17 members based on their professional experience and expertise.
18 to the extent desired by
13 families.
14 (f) "Individualized Family Service Plan" or "Plan" means
15 a written plan for providing early intervention services to a
16 child eligible under this Act and the child's family, as set
17 forth in Section 11.
18 (g) "Local interagency agreement" means an agreement
19 entered into by local community and State and regional
20 agencies receiving early intervention funds directly from the
21 State and made in accordance with State interagency
22 agreements providing for the delivery of early intervention
23 services within a local community area.
24 (h) "Council" means the Illinois Interagency Council on
25 Early Intervention established under Section 4.
26 (i) "Lead agency" means the State agency responsible for
27 administering this Act and receiving and disbursing public
28 funds received in accordance with State and federal law and
29 rules.
30 (j) "Child find" means a service which identifies
31 eligible infants and toddlers.
32 (Source: P.A. 90-158, eff. 1-1-98.)
33 (325 ILCS 20/4) (from Ch. 23, par. 4154)
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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 Secretary of Human Services (or his or her
12 designee) and 2 additional representatives of the
13 Department of Human Services designated by the Secretary,
14 plus the Directors (or their designees) of the following
15 State agencies involved in the provision of or payment
16 for early intervention services to eligible infants and
17 toddlers and their families:
18 (A) Illinois State Board of Education;
19 (B) (Blank);
20 (C) (Blank);
21 (D) Illinois Department of Children and Family
22 Services;
23 (E) University of Illinois Division of
24 Specialized Care for Children;
25 (F) Illinois Department of Public Aid;
26 (G) (Blank) Illinois Department of Public
27 Health;
28 (H) (Blank);
29 (I) Illinois Planning Council on Developmental
30 Disabilities; and
31 (J) Illinois Department of Insurance.
32 (2) Other members as follows:
33 (A) At least 20% of the members of the Council
34 shall be parents, including minority parents, of
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1 infants or toddlers with disabilities or children
2 with disabilities aged 12 or younger, with knowledge
3 of, or experience with, programs for infants and
4 toddlers with disabilities. At least one such
5 member shall be a parent of an infant or toddler
6 with a disability or a child with a disability aged
7 6 or younger;
8 (B) At least 20% of the members of the Council
9 shall be public or private providers of early
10 intervention services;
11 (C) One member shall be a representative of
12 the General Assembly; and
13 (D) One member shall be involved in the
14 preparation of professional personnel to serve
15 infants and toddlers similar to those eligible for
16 services under this Act.
17 The Council shall meet at least quarterly and in such
18 places as it deems necessary. Terms of the initial members
19 appointed under paragraph (2) shall be determined by lot at
20 the first Council meeting as follows: of the persons
21 appointed under subparagraphs (A) and (B), one-third shall
22 serve one year terms, one-third shall serve 2 year terms, and
23 one-third shall serve 3 year terms; and of the persons
24 appointed under subparagraphs (C) and (D), one shall serve a
25 2 year term and one shall serve a 3 year term. Thereafter,
26 successors appointed under paragraph (2) shall serve 3 year
27 terms. Once appointed, members shall continue to serve until
28 their successors are appointed. No member shall be appointed
29 to serve more than 2 consecutive terms.
30 Council members shall serve without compensation but
31 shall be reimbursed for reasonable costs incurred in the
32 performance of their duties, including costs related to child
33 care, and parents may be paid a stipend in accordance with
34 applicable requirements.
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1 The Council shall prepare and approve a budget using
2 funds appropriated for the purpose to hire staff, and obtain
3 the services of such professional, technical, and clerical
4 personnel as may be necessary to carry out its functions
5 under this Act. This funding support and staff shall be
6 directed by the lead agency.
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 (Source: P.A. 89-294, eff. 1-1-96; 89-507, eff. 7-1-97;
6 89-626, eff. 8-9-96; revised 10-31-98.)
7 (325 ILCS 20/6) (from Ch. 23, par. 4156)
8 Sec. 6. Local Structure and Interagency Councils. The
9 lead agency, in conjunction with the Council, shall define at
10 least 40 and no more than 60 local service areas and define
11 the geographic boundaries of each so that all areas of the
12 State are included in a local service area but no area of the
13 State is included in more than one service area. In each
14 local service area, the lead agency shall designate a
15 regional entity core provider responsible for the assessment
16 of eligibility and services and a local interagency council
17 responsible for coordination and design of child find and
18 public awareness. The regional entity designated by the lead
19 agency A coordination/advocacy provider shall be responsible
20 for staffing the local council, carrying out child find and
21 public awareness activities, and providing advocacy for
22 eligible families within the given geographic area. The
23 regional coordinating entity is the prime contractor
24 responsible to the lead agency for implementation of this
25 Act.
26 The lead agency, in conjunction with the Council, shall
27 create local interagency councils. Members of each local
28 interagency council shall include, but not be limited to, the
29 following: parents; representatives from coordination and
30 advocacy service providers; local education agencies; other
31 local public and private service providers; representatives
32 from State agencies at the local level; and others deemed
33 necessary by the local council.
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1 Local interagency councils shall:
2 (a) assist in the development of collaborative
3 agreements between local service providers, diagnostic
4 and other agencies providing additional services to the
5 child and family;
6 (b) assist in conducting local needs assessments
7 and planning efforts;
8 (c) identify and resolve local access issues;
9 (d) conduct collaborative child find activities;
10 (e) coordinate public awareness initiatives;
11 (f) coordinate local planning and evaluation;
12 (g) assist in the recruitment of specialty
13 personnel;
14 (h) develop plans for facilitating transition and
15 integration of eligible children and families into the
16 community;
17 (i) facilitate conflict resolution at the local
18 level; and
19 (j) report annually to the Council.
20 (Source: P.A. 87-680; 87-847.)
21 (325 ILCS 20/11) (from Ch. 23, par. 4161)
22 Sec. 11. Individualized Family Service Plans. Each
23 eligible infant or toddler and that infant's or toddler's
24 family shall receive:
25 (a) timely, comprehensive, multidisciplinary
26 interdisciplinary assessment of the unique needs of each
27 eligible infant and toddler, and assessment of the
28 concerns and priorities of the families to appropriately
29 assist them in meeting their needs and identify services
30 to meet those needs; and
31 (b) a written Individualized Family Service Plan
32 developed by an multidisciplinary interdisciplinary team
33 which includes the parent or guardian.
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1 The Individualized Family Service Plan shall be evaluated
2 once a year and the family shall be provided a review of the
3 Plan at 6 month intervals or more often where appropriate
4 based on infant or toddler and family needs.
5 The evaluation and initial assessment and initial Plan
6 meeting must be held within 45 days after the initial contact
7 with the early intervention services system. With parental
8 consent, early intervention services may commence before the
9 completion of the comprehensive assessment and development of
10 the Plan.
11 Parents must be informed that, at their discretion, early
12 intervention services shall be provided to each eligible
13 infant and toddler in the parents' home. Parents shall make
14 the final decision to accept or decline early intervention
15 services. A decision to decline such services shall not be a
16 basis for administrative determination of parental fitness,
17 or other findings or sanctions against the parents.
18 Parameters of the Plan shall be set forth in rules.
19 (Source: P.A. 87-680.)
20 (325 ILCS 20/12) (from Ch. 23, par. 4162)
21 Sec. 12. Procedural Safeguards. The lead agency shall
22 adopt procedural safeguards that meet federal requirements
23 and ensure effective implementation of the safeguards by each
24 public agency involved in the provision of early intervention
25 services under this Act.
26 The procedural safeguards shall provide, at a minimum,
27 the following:
28 (a) The timely administrative resolution of
29 complaints by parents consisting of formal impartial
30 administrative proceedings, and of mediation proceedings,
31 either or both of which may be requested by parents or
32 other parties with protectible interests in the child's
33 services. The process shall use formal mediation
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1 procedures used by the lead agency, as well as prescribed
2 due process procedures, which may be used by families at
3 their discretion.
4 (b) The right to confidentiality of personally
5 identifiable information.
6 (c) The opportunity for parents and a guardian to
7 examine and receive copies of records relating to
8 assessment, screening, eligibility determinations, and
9 the development and implementation of the Individualized
10 Family Service Plan.
11 (d) Procedures to protect the rights of the
12 eligible infant or toddler whenever the parents or
13 guardians of the child are not known or unavailable or
14 the child is a ward of the State, including the
15 assignment of an individual (who shall not be an employee
16 of the State agency or local agency providing services)
17 to act as a surrogate for the parents or guardian.
18 (e) Timely written prior notice to the parents or
19 guardian of the eligible infant or toddler whenever the
20 State agency or public or private service provider
21 proposes to initiate or change or refuses to initiate or
22 change the identification, evaluation, placement, or the
23 provision of appropriate early intervention services to
24 the eligible infant or toddler.
25 (f) Written prior notice to fully inform the
26 parents or guardians, in their primary language, in a
27 comprehensible manner, of these procedural safeguards.
28 (g) During the pendency of any proceedings or
29 action involving a complaint, unless the State agency and
30 the parents or guardian otherwise agree, the child shall
31 continue to receive the appropriate early intervention
32 services currently being provided, or in the case of an
33 application for initial services, the child shall receive
34 the services not in dispute.
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1 (Source: P.A. 87-680; 87-847.)
2 (325 ILCS 20/13) (from Ch. 23, par. 4163)
3 Sec. 13. Funding and Fiscal Responsibility. The lead
4 agency and every other participating State agency may receive
5 and expend funds appropriated by the General Assembly to
6 implement the early intervention services system as required
7 by this Act.
8 The lead agency and each participating State agency shall
9 identify and report on an annual basis to the Council the
10 State agency funds utilized for the provision of early
11 intervention services to eligible infants and toddlers.
12 Funds provided under Section 673 of the Individuals with
13 Disabilities Education Act (20 United States Code 1473) may
14 not be used to satisfy a financial commitment for services
15 which would have been paid for from another public or private
16 source but for the enactment of this Act, except whenever
17 considered necessary to prevent delay in receiving
18 appropriate early intervention services by the eligible
19 infant or toddler or family in a timely manner. Funds
20 provided under Section 673 of the Individuals with
21 Disabilities Education Act may be used by the lead agency to
22 pay the provider of services pending reimbursement from the
23 appropriate state agency.
24 Nothing in this Act shall be construed to permit the
25 State to reduce medical or other assistance available or to
26 alter eligibility under Title V and Title XIX of the Social
27 Security Act relating to the Maternal Child Health Program
28 and Medicaid for eligible infants and toddlers in this State.
29 From the sum appropriated to the lead agency for the
30 purposes of this Act, the lead agency shall distribute funds
31 to the prime contractor for each local community area for the
32 provision of early intervention services. The local community
33 area may meet its obligations to assure appropriate early
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1 intervention services through contracts with public or
2 private agencies that meet the requirements of this Act.
3 The lead agency shall create a central billing office to
4 receive and dispense all relevant State and federal
5 resources, as well as local government or independent
6 resources available, for early intervention services. This
7 office shall assure that maximum federal resources are
8 utilized and that providers receive funds with minimal
9 duplications or interagency reporting and with consolidated
10 audit procedures. The lead agency shall also create a
11 resource review committee on the use of public and private
12 sector resources.
13 The lead agency may also create a system of payments by
14 families, including a schedule of fees. No fees, however,
15 may be charged for: implementing child find, evaluation and
16 assessment, service coordination, administrative and
17 coordination activities related to the development , review,
18 and evaluation of Individualized Family Service Plans, or the
19 implementation of procedural safeguards and other
20 administrative components of the statewide early intervention
21 system.
22 (Source: P.A. 87-680.)
23 (325 ILCS 20/14 rep.)
24 Section 10. The Early Intervention Services System Act
25 is amended by repealing Section 14.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.