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91_SB1065eng SB1065 Engrossed 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 SB1065 Engrossed -2- LRB9102324SMdvA 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 participatein their own homes or, if provision of29services at home is not possible or is rejected by the30parents, in natural settings in local community31environments. 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 SB1065 Engrossed -3- LRB9102324SMdvA 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 any of the following 14 conditions: 15 (1) Disabilities due to developmental delay. 16 (2) A physical or mental condition which typically 17 resultshas a high probability of resultingin 18 developmental delay. 19 (3) Being at risk of having substantial 20developmentaldelays as defined by the Department by rule 21due to a combination of serious factors. 22 (b) "Developmental delay" means a delay in one or more 23 of the following areas of childhood development as measured 24 by appropriate diagnostic instruments and standard 25 procedures: cognitive; physical, including vision and 26 hearing; language, speech and communication; psycho-social; 27 or self-help skills. 28 (c) "Physical or mental condition which typically 29 resultshas a high probability of resultingin developmental 30 delay" means: 31 (1) a diagnosed medical disorder bearing a 32 relatively well known expectancy for developmental 33 outcomes within varying ranges of developmental SB1065 Engrossed -4- LRB9102324SMdvA 1 disabilities; or 2 (2) a history of prenatal, perinatal, neonatal or 3 early developmental events suggestive of biological 4 insults to the developing central nervous system and 5 which either singly or collectively increase the 6 probability of developing a disability or delay based on 7 a medical history. 8 (d) (Blank)."At risk of having substantial9developmental delay" means the presence of at least 3 at risk10conditions, plus a consensus based on clinical judgment, that11the presence of these conditions warrants a risk of12substantial developmental delay if early intervention13services are not provided. A list of at risk conditions14shall be developed by the Illinois Interagency Council on15Early Intervention. When relying on clinical judgment, which16includes both clinical observations and parental17participation, a developmental delay will be determined by a18consensus of an interdisciplinary team of at least 2 or more19members based on their professional experience and expertise.2021 (e) "Early intervention services" means services which: 22 (1) are designed to meet the developmental needs of 23 each child eligible under this Act and the needs of his 24 or her family; 25 (2) are selected in collaboration with the child's 26 family; 27 (3) are provided under public supervision; 28 (4) are provided at no cost except where a schedule 29 of sliding scale fees or other system of payments by 30 families has been adopted in accordance with State and 31 federal law; 32 (5) are designed to meet an infant's or toddler's 33 developmental needs in any of the following areas: 34 (A) physical development, SB1065 Engrossed -5- LRB9102324SMdvA 1 (B) cognitive development, 2 (C) communication development, 3 (D) social or emotional development, or 4 (E) adaptive development; 5 (6) meet the standards of the State, including the 6 requirements of this Act; 7 (7) include one or more of the following: 8 (A) family training, 9 (B) social work services, including 10 counseling, and home visits, 11 (C) special instruction, 12 (D) speech, language pathology and audiology, 13 (E) occupational therapy, 14 (F) physical therapy, 15 (G) psychological services, 16 (H) service coordination services, 17 (I) medical services only for diagnostic or 18 evaluation purposes, 19 (J) early identification, screening, and 20 assessment services, 21 (K) health services specified by the lead 22 agency as necessary to enable the infant or toddler 23 to benefit from the other early intervention 24 services, 25 (L) vision services, 26 (M) transportation, and 27 (N) assistive technology devices and services; 28 (8) are provided by qualified personnel, including 29 but not limited to: 30 (A) child development specialists or special 31 educators, 32 (B) speech and language pathologists and 33 audiologists, 34 (C) occupational therapists, SB1065 Engrossed -6- LRB9102324SMdvA 1 (D) physical therapists, 2 (E) social workers, 3 (F) nurses, 4 (G) nutritionists, 5 (H) optometrists, 6 (I) psychologists, and 7 (J) physicians; 8 (9) are provided in conformity with an 9 Individualized Family Service Plan; 10 (10) are provided throughout the year; and 11 (11) are provided in natural environments, 12 including the home and community settings in which 13 infants and toddlers without disabilities would 14 participate to the extent determined by the 15 multidisciplinary Individualized Family Service Plan 16desired by families. 17 (f) "Individualized Family Service Plan" or "Plan" means 18 a written plan for providing early intervention services to a 19 child eligible under this Act and the child's family, as set 20 forth in Section 11. 21 (g) "Local interagency agreement" means an agreement 22 entered into by local community and State and regional 23 agencies receiving early intervention funds directly from the 24 State and made in accordance with State interagency 25 agreements providing for the delivery of early intervention 26 services within a local community area. 27 (h) "Council" means the Illinois Interagency Council on 28 Early Intervention established under Section 4. 29 (i) "Lead agency" means the State agency responsible for 30 administering this Act and receiving and disbursing public 31 funds received in accordance with State and federal law and 32 rules. 33 (j) "Child find" means a service which identifies 34 eligible infants and toddlers. SB1065 Engrossed -7- LRB9102324SMdvA 1 (Source: P.A. 90-158, eff. 1-1-98.) 2 (325 ILCS 20/4) (from Ch. 23, par. 4154) 3 Sec. 4. Illinois Interagency Council on Early 4 Intervention. 5 (a) There is established the Illinois Interagency 6 Council on Early Intervention. The Council shall be composed 7 of at least 15 but not more than 25 members. The members of 8 the Council and the designated chairperson of the Council 9 shall be appointed by the Governor. The Council member 10 representing the lead agency may not serve as chairperson of 11 the Council. The Council shall be composed of the following 12 members: 13 (1) The Secretary of Human Services (or his or her 14 designee) and 2 additional representatives of the 15 Department of Human Services designated by the Secretary, 16 plus the Directors (or their designees) of the following 17 State agencies involved in the provision of or payment 18 for early intervention services to eligible infants and 19 toddlers and their families: 20 (A) Illinois State Board of Education; 21 (B) (Blank); 22 (C) (Blank); 23 (D) Illinois Department of Children and Family 24 Services; 25 (E) University of Illinois Division of 26 Specialized Care for Children; 27 (F) Illinois Department of Public Aid; 28 (G) (Blank)Illinois Department of Public29Health; 30 (H) (Blank); 31 (I) Illinois Planning Council on Developmental 32 Disabilities; and 33 (J) Illinois Department of Insurance. SB1065 Engrossed -8- LRB9102324SMdvA 1 (2) Other members as follows: 2 (A) At least 20% of the members of the Council 3 shall be parents, including minority parents, of 4 infants or toddlers with disabilities or children 5 with disabilities aged 12 or younger, with knowledge 6 of, or experience with, programs for infants and 7 toddlers with disabilities. At least one such 8 member shall be a parent of an infant or toddler 9 with a disability or a child with a disability aged 10 6 or younger; 11 (B) At least 20% of the members of the Council 12 shall be public or private providers of early 13 intervention services; 14 (C) One member shall be a representative of 15 the General Assembly; and 16 (D) One member shall be involved in the 17 preparation of professional personnel to serve 18 infants and toddlers similar to those eligible for 19 services under this Act. 20 The Council shall meet at least quarterly and in such 21 places as it deems necessary. Terms of the initial members 22 appointed under paragraph (2) shall be determined by lot at 23 the first Council meeting as follows: of the persons 24 appointed under subparagraphs (A) and (B), one-third shall 25 serve one year terms, one-third shall serve 2 year terms, and 26 one-third shall serve 3 year terms; and of the persons 27 appointed under subparagraphs (C) and (D), one shall serve a 28 2 year term and one shall serve a 3 year term. Thereafter, 29 successors appointed under paragraph (2) shall serve 3 year 30 terms. Once appointed, members shall continue to serve until 31 their successors are appointed. No member shall be appointed 32 to serve more than 2 consecutive terms. 33 Council members shall serve without compensation but 34 shall be reimbursed for reasonable costs incurred in the SB1065 Engrossed -9- LRB9102324SMdvA 1 performance of their duties, including costs related to child 2 care, and parents may be paid a stipend in accordance with 3 applicable requirements. 4 The Council shall prepare and approve a budget using 5 funds appropriated for the purpose to hire staff, and obtain 6 the services of such professional, technical, and clerical 7 personnel as may be necessary to carry out its functions 8 under this Act. This funding support and staff shall be 9 directed by the lead agency. 10 (b) The Council shall: 11 (1) advise and assist the lead agency in the 12 performance of its responsibilities including but not 13 limited to the identification of sources of fiscal and 14 other support services for early intervention programs, 15 and the promotion of interagency agreements which assign 16 financial responsibility to the appropriate agencies; 17 (2) advise and assist the lead agency in the 18 preparation of applications and amendments to 19 applications; 20 (3) review and advise on relevant regulations and 21 standards proposed by the related State agencies; 22 (4) advise and assist the lead agency in the 23 development, implementation and evaluation of the 24 comprehensive early intervention services system; and 25 (5) prepare and submit an annual report to the 26 Governor and to the General Assembly on the status of 27 early intervention programs for eligible infants and 28 toddlers and their families in Illinois. The annual 29 report shall include (i) the estimated number of eligible 30 infants and toddlers in this State, (ii) the number of 31 eligible infants and toddlers who have received services 32 under this Act and the cost of providing those services, 33 and (iii) the estimated cost of providing services under 34 this Act to all eligible infants and toddlers in this SB1065 Engrossed -10- LRB9102324SMdvA 1 State. 2 No member of the Council shall cast a vote on or 3 participate substantially in any matter which would provide a 4 direct financial benefit to that member or otherwise give the 5 appearance of a conflict of interest under State law. All 6 provisions and reporting requirements of the Illinois 7 Governmental Ethics Act shall apply to Council members. 8 (Source: P.A. 89-294, eff. 1-1-96; 89-507, eff. 7-1-97; 9 89-626, eff. 8-9-96; revised 10-31-98.) 10 (325 ILCS 20/6) (from Ch. 23, par. 4156) 11 Sec. 6. Local Structure and Interagency Councils. The 12 lead agency, in conjunction with the Council and as defined 13 by administrative rule, shall defineat least 40 and no more14than 60local service areas and define the geographic 15 boundaries of each so that all areas of the State are 16 included in a local service area but no area of the State is 17 included in more than one service area. In each local 18 service area, the lead agency shall designate a regional 19 entitycore providerresponsible for the assessment of 20 eligibility and services and a local interagency council 21 responsible for coordination and design of child find and 22 public awareness. The regional entity as a part of the lead 23 agencyA coordination/advocacy providershall be responsible 24 for staffing the local council, carrying out child find and 25 public awareness activities, and providing advocacy for 26 eligible families within the given geographic area. The 27 regionalcoordinatingentity is the prime contractor 28 responsible as a part oftothe lead agency for 29 implementation of this Act. There shall not be unnecessary 30 duplication of effort by the various agencies involved in the 31 State's child find system established under this Section. 32 The lead agency, in conjunction with the Council, shall 33 create local interagency councils. Members of each local SB1065 Engrossed -11- LRB9102324SMdvA 1 interagency council shall include, but not be limited to, the 2 following: parents; representatives from coordination and 3 advocacy service providers; local education agencies; other 4 local public and private service providers; representatives 5 from State agencies at the local level; and others deemed 6 necessary by the local council. 7 Local interagency councils shall: 8 (a) assist in the development of collaborative 9 agreements between local service providers, diagnostic 10 and other agencies providing additional services to the 11 child and family; 12 (b) assist in conducting local needs assessments 13 and planning efforts; 14 (c) identify and resolve local access issues; 15 (d) conduct collaborative child find activities; 16 (e) coordinate public awareness initiatives; 17 (f) coordinate local planning and evaluation; 18 (g) assist in the recruitment of specialty 19 personnel; 20 (h) develop plans for facilitating transition and 21 integration of eligible children and families into the 22 community; 23 (i) facilitate conflict resolution at the local 24 level; and 25 (j) report annually to the Council. 26 (Source: P.A. 87-680; 87-847.) 27 (325 ILCS 20/11) (from Ch. 23, par. 4161) 28 Sec. 11. Individualized Family Service Plans. Each 29 eligible infant or toddler and that infant's or toddler's 30 family shall receive: 31 (a) timely, comprehensive, multidisciplinary 32interdisciplinaryassessment of the unique needs of each 33 eligible infant and toddler, and assessment of the SB1065 Engrossed -12- LRB9102324SMdvA 1 concerns and priorities of the families to appropriately 2 assist them in meeting their needs and identify services 3 to meet those needs; and 4 (b) a written Individualized Family Service Plan 5 developed by an multidisciplinaryinterdisciplinaryteam 6 which includes the parent or guardian. 7 The Individualized Family Service Plan shall be evaluated 8 once a year and the family shall be provided a review of the 9 Plan at 6 month intervals or more often where appropriate 10 based on infant or toddler and family needs. 11 The evaluation and initial assessment and initial Plan 12 meeting must be held within 45 days after the initial contact 13 with the early intervention services system. With parental 14 consent, early intervention services may commence before the 15 completion of the comprehensive assessment and development of 16 the Plan. 17 Parents must be informed that, at their discretion, early 18 intervention services shall be provided to each eligible 19 infant and toddler in the natural environment, which may 20 include the home or other community settingsparents' home. 21 Parents shall make the final decision to accept or decline 22 early intervention services. A decision to decline such 23 services shall not be a basis for administrative 24 determination of parental fitness, or other findings or 25 sanctions against the parents. Parameters of the Plan shall 26 be set forth in rules. 27 (Source: P.A. 87-680.) 28 (325 ILCS 20/12) (from Ch. 23, par. 4162) 29 Sec. 12. Procedural Safeguards. The lead agency shall 30 adopt procedural safeguards that meet federal requirements 31 and ensure effective implementation of the safeguards for 32 families by each public agency involved in the provision of 33 early intervention services under this Act. SB1065 Engrossed -13- LRB9102324SMdvA 1 The procedural safeguards shall provide, at a minimum, 2 the following: 3 (a) The timely administrative resolution of 4 complaints by parents as defined by administrative rule. 5The process shall use formal mediation procedures used by6the lead agency, as well as prescribed due process7procedures, which may be used by families at their8discretion.9 (b) The right to confidentiality of personally 10 identifiable information. 11 (c) The opportunity for parents and a guardian to 12 examine and receive copies of records relating to 13 assessment, screening, eligibility determinations, and 14 the development and implementation of the Individualized 15 Family Service Plan. 16 (d) Procedures to protect the rights of the 17 eligible infant or toddler whenever the parents or 18 guardians of the child are not known or unavailable or 19 the child is a ward of the State, including the 20 assignment of an individual (who shall not be an employee 21 of the State agency or local agency providing services) 22 to act as a surrogate for the parents or guardian. 23 (e) Timely written prior notice to the parents or 24 guardian of the eligible infant or toddler whenever the 25 State agency or public or private service provider 26 proposes to initiate or change or refuses to initiate or 27 change the identification, evaluation, placement, or the 28 provision of appropriate early intervention services to 29 the eligible infant or toddler. 30 (f) Written prior notice to fully inform the 31 parents or guardians, in their primary language, in a 32 comprehensible manner, of these procedural safeguards. 33 (g) During the pendency of any proceedings or 34 action involving a complaint, unless the State agency and SB1065 Engrossed -14- LRB9102324SMdvA 1 the parents or guardian otherwise agree, the child shall 2 continue to receive the appropriate early intervention 3 services currently being provided, or in the case of an 4 application for initial services, the child shall receive 5 the services not in dispute. 6 (Source: P.A. 87-680; 87-847.) 7 (325 ILCS 20/13) (from Ch. 23, par. 4163) 8 Sec. 13. Funding and Fiscal Responsibility. The lead 9 agency and every other participating State agency may receive 10 and expend funds appropriated by the General Assembly to 11 implement the early intervention services system as required 12 by this Act. 13 The lead agency and each participating State agency shall 14 identify and report on an annual basis to the Council the 15 State agency funds utilized for the provision of early 16 intervention services to eligible infants and toddlers. 17 Funds provided under Section 673 of the Individuals with 18 Disabilities Education Act (20 United States Code 1473) may 19 not be used to satisfy a financial commitment for services 20 which would have been paid for from another public or private 21 source but for the enactment of this Act, except whenever 22 considered necessary to prevent delay in receiving 23 appropriate early intervention services by the eligible 24 infant or toddler or family in a timely manner. Funds 25 provided under Section 673 of the Individuals with 26 Disabilities Education Act may be used by the lead agency to 27 pay the provider of services pending reimbursement from the 28 appropriate state agency. 29 Nothing in this Act shall be construed to permit the 30 State to reduce medical or other assistance available or to 31 alter eligibility under Title V and Title XIX of the Social 32 Security Act relating to the Maternal Child Health Program 33 and Medicaid for eligible infants and toddlers in this State. SB1065 Engrossed -15- LRB9102324SMdvA 1From the sum appropriated to the lead agency for the2purposes of this Act, the lead agency shall distribute funds3to the prime contractor for each local community area for the4provision of early intervention services. The local community5area may meet its obligations to assure appropriate early6intervention services through contracts with public or7private agencies that meet the requirements of this Act.8 The lead agency shall create a central billing office to 9 receive and dispense all relevant State and federal 10 resources, as well as local government or independent 11 resources available, for early intervention services. This 12 office shall assure that maximum federal resources are 13 utilized and that providers receive funds with minimal 14 duplications or interagency reporting and with consolidated 15 audit procedures.The lead agency shall also create a16resource review committee on the use of public and private17sector resources.18 The lead agency may also create a system of payments by 19 families, including a schedule of fees. The central billing 20 office within the lead agency shall be the entity responsible 21 for assessing and collecting fees. No fees, however, may be 22 charged for: implementing child find, evaluation and 23 assessment, service coordination, administrative and 24 coordination activities related to the development, review, 25 and evaluation of Individualized Family Service Plans, or the 26 implementation of procedural safeguards and other 27 administrative components of the statewide early intervention 28 system. 29 (Source: P.A. 87-680.) 30 (325 ILCS 20/14 rep.) 31 Section 10. The Early Intervention Services System Act 32 is amended by repealing Section 14. SB1065 Engrossed -16- LRB9102324SMdvA 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.