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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB4119
LRB9112274MWmbA
1 AN ACT concerning educational services for children and
2 adolescents with mental illnesses or developmental
3 disabilities.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Mental Health and Developmental
7 Disabilities Administrative Act is amended by adding Section
8 11.3 as follows:
9 (20 ILCS 1705/11.3 new)
10 Sec. 11.3. Services for children and adolescents.
11 (a) The Department shall develop any policies necessary
12 to develop, coordinate, and ensure a coherent system for the
13 statewide delivery of services to mentally ill and
14 developmentally disabled children and adolescents. The State
15 Board of Education must provide educational services to all
16 eligible children pursuant to the School Code.
17 The Department and the State Board of Education, in
18 accordance with the Intergovernmental Cooperation Act, must
19 cooperatively provide services to a child or adolescent,
20 through 21 years of age, with mental illness or a
21 developmental disability, who is eligible for services from
22 one or both agencies.
23 (b) The Department and the State Board of education
24 shall develop a plan in order to identify the mental health
25 and developmental disability needs of children and
26 adolescents and to process children and adolescents for
27 necessary services. The plan must include in-put from school
28 districts and local mental health and developmental
29 disability screening agents.
30 The Department shall enter into contractual agreements
31 with local mental health and developmental disability
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1 screening agents and provide a list of those agents to the
2 State Board of Education no later than September 1, 2000 and
3 no later than February 1 of each year thereafter. The
4 Department must include in its contracts with screening
5 agents a notice and obligation clause of the screening
6 agent's obligations under this Section.
7 The Department shall develop with the State Board of
8 Education no later than September 1, 2000 a screening tool
9 for use by school districts, local screening agents, and
10 other service providers. The tool shall assist school
11 districts, local screening agents, and service providers in
12 assessing the mental health and developmental disability
13 needs of children and adolescents, in determining whether a
14 comprehensive treatment plan is needed by a child or
15 adolescent, and in determining which school districts,
16 screening agents, and service providers should participate in
17 an individualized educational program meeting authorized by
18 Section 14-8.02 of the School Code and by the federal
19 Individuals with Disabilities in Education Act.
20 (c) Contractual screening agents must work with the
21 individualized program meeting participants to determine
22 whether community-based services, including in-home services
23 and supports, are an appropriate alternative to residential
24 placement. If an individualized education program meeting
25 determines that an individual is in need of residential
26 services, the Department must exercise due diligence to
27 expedite the eligibility review process for that individual
28 to the extent possible. The Department must make an
29 eligibility determination within 30 calendar days after
30 receiving a completed application for an Individual Care
31 Grant.
32 If an individual wishes to purchase developmental
33 disability services, the Department must expedite the
34 consideration process for that individual to the extent
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1 possible. The Department must make a placement determination
2 within 30 calendar days after receiving all necessary
3 information.
4 (d) The Department and the State Board of Education
5 shall define, by rule, the procedures used in determining the
6 financial responsibility of each agency for services, the
7 procedures for conflict resolution, and necessary
8 reimbursement methods.
9 (e) The Department and the State Board of Education
10 shall work with the Community and Residential Services
11 Authority in resolving disputes that arise from the
12 implementation of this Section.
13 (f) The Department must designate, from its central
14 office administrative personnel, an individual to serve as a
15 liaison to the State Board of Education. The liaison must
16 regularly exchange information collected by the Department in
17 connection with residential services provided to children and
18 adolescents who are mentally ill and developmentally disabled
19 with the State Board of Education and must work with
20 administrators of the Department and the State Board of
21 Education to ensure the integration of services and
22 procedures required by this Section.
23 (g) The Department must adopt any rules necessary to
24 implement this Section.
25 Section 10. The School Code is amended by adding Section
26 2-3.30a as follows:
27 (105 ILCS 5/2-3.30a new)
28 Sec. 2-3.30a. Services for children and adolescents with
29 mental illnesses or developmental disabilities.
30 (a) The State Board of Education must provide
31 educational services to children and adolescents with mental
32 illnesses or developmental disabilities as required by
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1 Section 11.3 of the Mental Health and Developmental
2 Disabilities Administrative Act.
3 (b) The State Board of Education must designate, from
4 its central office administrative personnel, an individual to
5 serve as a liaison to the Department of Human Services. The
6 liaison must regularly exchange information collected by the
7 State Board of Education in connection with residential
8 services provided to children and adolescents who are
9 mentally ill or developmentally disabled with the Department
10 of Human Services and must work with administrators of the
11 State Board and the Department of Human Services to ensure
12 the integration of services and procedures required by
13 Section 11.3 of the Mental Health and Developmental
14 Disabilities Administrative Act.
15 (c) The State Board of Education must adopt any rules
16 necessary to implement this Section and to carry out its
17 duties under Section 11.3 of the Mental Health and
18 Developmental Disabilities Administrative Act.
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.