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91_SB1065ham001
LRB9102324SMdvam05
1 AMENDMENT TO SENATE BILL 1065
2 AMENDMENT NO. . Amend Senate Bill 1065 by replacing
3 the title with the following:
4 "AN ACT to amend the Early Intervention Services System
5 Act by changing Sections 2, 3, 6, 11, 12, and 13 and by
6 repealing Section 14."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Early Intervention Services System Act
10 is amended by changing Sections 2, 3, 6, 11, 12, and 13 as
11 follows:
12 (325 ILCS 20/2) (from Ch. 23, par. 4152)
13 Sec. 2. Legislative Findings and Policy.
14 (a) The General Assembly finds that there is an urgent
15 and substantial need to:
16 (1) enhance the development of all eligible infants
17 and toddlers in the State of Illinois in order to
18 minimize developmental delay and maximize individual
19 potential for adult independence;
20 (2) enhance the capacity of families to meet the
21 special needs of eligible infants and toddlers including
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1 the purchase of services when necessary;
2 (3) reduce educational costs by minimizing the need
3 for special education and related services when eligible
4 infants and toddlers reach school age;
5 (4) enhance the independence, productivity and
6 integration with age-appropriate peers of eligible
7 children and their families;
8 (5) reduce social services costs and minimize the
9 need for institutionalization; and
10 (6) prevent secondary impairments and disabilities
11 by improving the health of infants and toddlers, thereby
12 reducing health costs for the families and the State.
13 (b) The General Assembly therefore intends that the
14 policy of this State shall be to:
15 (1) affirm the importance of the family in all
16 areas of the child's development and reinforce the role
17 of the family as a participant in the decision making
18 processes regarding their child;
19 (2) provide assistance and support to eligible
20 infants and toddlers and their families to address the
21 individual concerns and decisions of each family;
22 (3) develop and implement, on a statewide basis,
23 locally based comprehensive, coordinated,
24 interdisciplinary, interagency early intervention
25 services for all eligible infants and toddlers;
26 (4) enhance the local communities' capacity to
27 provide an array of quality early intervention services;
28 (5) identify and coordinate all available resources
29 for early intervention within the State including those
30 from federal, State, local and private sources;
31 (6) provide financial and technical assistance to
32 local communities for the purposes of coordinating early
33 intervention services in local communities and enhancing
34 the communities' capacity to provide individualized early
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1 intervention services to all eligible infants and
2 toddlers in their homes or in community environments; and
3 (7) affirm that eligible infants and toddlers have
4 a right to receive early intervention services to the
5 maximum extent appropriate, in natural environments in
6 which infants and toddlers without disabilities would
7 participate in their own homes or, if provision of
8 services at home is not possible or is rejected by the
9 parents, in natural settings in local community
10 environments.
11 (c) The General Assembly further finds that early
12 intervention services are cost-effective and effectively
13 serve the developmental needs of eligible infants and
14 toddlers and their families. Therefore, the purpose of this
15 Act is to provide a comprehensive, coordinated, interagency,
16 interdisciplinary early intervention services system for
17 eligible infants and toddlers and their families by enhancing
18 the capacity to provide quality early intervention services,
19 expanding and improving existing services, and facilitating
20 coordination of payments for early intervention services from
21 various public and private sources.
22 (Source: P.A. 87-680.)
23 (325 ILCS 20/3) (from Ch. 23, par. 4153)
24 Sec. 3. Definitions. As used in this Act:
25 (a) "Eligible infants and toddlers" means infants and
26 toddlers under 36 months of age with any of the following
27 conditions:
28 (1) Developmental delays as defined by the
29 Department by rule Disabilities due to developmental
30 delay.
31 (2) A physical or mental condition which typically
32 results has a high probability of resulting in
33 developmental delay.
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1 (3) Being at risk of having substantial
2 developmental delays based on informed clinical judgment
3 due to a combination of serious factors.
4 (b) "Developmental delay" means a delay in one or more
5 of the following areas of childhood development as measured
6 by appropriate diagnostic instruments and standard
7 procedures: cognitive; physical, including vision and
8 hearing; language, speech and communication; psycho-social;
9 or self-help skills.
10 (c) "Physical or mental condition which typically
11 results has a high probability of resulting in developmental
12 delay" means:
13 (1) a diagnosed medical disorder bearing a
14 relatively well known expectancy for developmental
15 outcomes within varying ranges of developmental
16 disabilities; or
17 (2) a history of prenatal, perinatal, neonatal or
18 early developmental events suggestive of biological
19 insults to the developing central nervous system and
20 which either singly or collectively increase the
21 probability of developing a disability or delay based on
22 a medical history.
23 (d) "Informed clinical judgment" means both clinical
24 observations and parental participation to determine
25 eligibility by a consensus of a multidisciplinary team of 2
26 or more members based on their professional experience and
27 expertise. "At risk of having substantial developmental
28 delay" means the presence of at least 3 at risk conditions,
29 plus a consensus based on clinical judgment, that the
30 presence of these conditions warrants a risk of substantial
31 developmental delay if early intervention services are not
32 provided. A list of at risk conditions shall be developed by
33 the Illinois Interagency Council on Early Intervention. When
34 relying on clinical judgment, which includes both clinical
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1 observations and parental participation, a developmental
2 delay will be determined by a consensus of an
3 interdisciplinary team of at least 2 or more members based on
4 their professional experience and expertise.
5 (e) "Early intervention services" means services which:
6 (1) are designed to meet the developmental needs of
7 each child eligible under this Act and the needs of his
8 or her family;
9 (2) are selected in collaboration with the child's
10 family;
11 (3) are provided under public supervision;
12 (4) are provided at no cost except where a schedule
13 of sliding scale fees or other system of payments by
14 families has been adopted in accordance with State and
15 federal law;
16 (5) are designed to meet an infant's or toddler's
17 developmental needs in any of the following areas:
18 (A) physical development, including vision and
19 hearing,
20 (B) cognitive development,
21 (C) communication development,
22 (D) social or emotional development, or
23 (E) adaptive development;
24 (6) meet the standards of the State, including the
25 requirements of this Act;
26 (7) include one or more of the following:
27 (A) family training,
28 (B) social work services, including
29 counseling, and home visits,
30 (C) special instruction,
31 (D) speech, language pathology and audiology,
32 (E) occupational therapy,
33 (F) physical therapy,
34 (G) psychological services,
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1 (H) service coordination services,
2 (I) medical services only for diagnostic or
3 evaluation purposes,
4 (J) early identification, screening, and
5 assessment services,
6 (K) health services specified by the lead
7 agency as necessary to enable the infant or toddler
8 to benefit from the other early intervention
9 services,
10 (L) vision services,
11 (M) transportation, and
12 (N) assistive technology devices and services;
13 (8) are provided by qualified personnel, including
14 but not limited to:
15 (A) child development specialists or special
16 educators,
17 (B) speech and language pathologists and
18 audiologists,
19 (C) occupational therapists,
20 (D) physical therapists,
21 (E) social workers,
22 (F) nurses,
23 (G) nutritionists,
24 (H) optometrists,
25 (I) psychologists, and
26 (J) physicians;
27 (9) are provided in conformity with an
28 Individualized Family Service Plan;
29 (10) are provided throughout the year; and
30 (11) are provided in natural environments,
31 including the home and community settings in which
32 infants and toddlers without disabilities would
33 participate to the extent determined by the
34 multidisciplinary Individualized Family Service Plan
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1 desired by families.
2 (f) "Individualized Family Service Plan" or "Plan" means
3 a written plan for providing early intervention services to a
4 child eligible under this Act and the child's family, as set
5 forth in Section 11.
6 (g) "Local interagency agreement" means an agreement
7 entered into by local community and State and regional
8 agencies receiving early intervention funds directly from the
9 State and made in accordance with State interagency
10 agreements providing for the delivery of early intervention
11 services within a local community area.
12 (h) "Council" means the Illinois Interagency Council on
13 Early Intervention established under Section 4.
14 (i) "Lead agency" means the State agency responsible for
15 administering this Act and receiving and disbursing public
16 funds received in accordance with State and federal law and
17 rules.
18 (j) "Child find" means a service which identifies
19 eligible infants and toddlers.
20 (Source: P.A. 90-158, eff. 1-1-98.)
21 (325 ILCS 20/6) (from Ch. 23, par. 4156)
22 Sec. 6. Local Structure and Interagency Councils. The
23 lead agency, in conjunction with the Council and as defined
24 by administrative rule, shall define at least 40 and no more
25 than 60 local service areas and define the geographic
26 boundaries of each so that all areas of the State are
27 included in a local service area but no area of the State is
28 included in more than one service area. In each local
29 service area, the lead agency shall designate a regional
30 entity core provider responsible for the assessment of
31 eligibility and services and a local interagency council
32 responsible for coordination and design of child find and
33 public awareness. The regional entity A
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1 coordination/advocacy provider shall be responsible for
2 staffing the local council, carrying out child find and
3 public awareness activities, and providing advocacy for
4 eligible families within the given geographic area. The
5 regional coordinating entity is the prime contractor
6 responsible to the lead agency for implementation of this
7 Act.
8 The lead agency, in conjunction with the Council, shall
9 create local interagency councils. Members of each local
10 interagency council shall include, but not be limited to, the
11 following: parents; representatives from coordination and
12 advocacy service providers; local education agencies; other
13 local public and private service providers; representatives
14 from State agencies at the local level; and others deemed
15 necessary by the local council.
16 Local interagency councils shall:
17 (a) assist in the development of collaborative
18 agreements between local service providers, diagnostic
19 and other agencies providing additional services to the
20 child and family;
21 (b) assist in conducting local needs assessments
22 and planning efforts;
23 (c) identify and resolve local access issues;
24 (d) conduct collaborative child find activities;
25 (e) coordinate public awareness initiatives;
26 (f) coordinate local planning and evaluation;
27 (g) assist in the recruitment of specialty
28 personnel;
29 (h) develop plans for facilitating transition and
30 integration of eligible children and families into the
31 community;
32 (i) facilitate conflict resolution at the local
33 level; and
34 (j) report annually to the Council.
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1 (Source: P.A. 87-680; 87-847.)
2 (325 ILCS 20/11) (from Ch. 23, par. 4161)
3 Sec. 11. Individualized Family Service Plans. Each
4 eligible infant or toddler and that infant's or toddler's
5 family shall receive:
6 (a) timely, comprehensive, multidisciplinary
7 interdisciplinary assessment of the unique needs of each
8 eligible infant and toddler, and assessment of the
9 concerns and priorities of the families to appropriately
10 assist them in meeting their needs and identify services
11 to meet those needs; and
12 (b) a written Individualized Family Service Plan
13 developed by a multidisciplinary an interdisciplinary
14 team which includes the parent or guardian.
15 The Individualized Family Service Plan shall be evaluated
16 once a year and the family shall be provided a review of the
17 Plan at 6 month intervals or more often where appropriate
18 based on infant or toddler and family needs.
19 The evaluation and initial assessment and initial Plan
20 meeting must be held within 45 days after the initial contact
21 with the early intervention services system. With parental
22 consent, early intervention services may commence before the
23 completion of the comprehensive assessment and development of
24 the Plan.
25 Parents must be informed that, at their discretion, early
26 intervention services shall be provided to each eligible
27 infant and toddler in the natural environment, which may
28 include the home or other community settings parents' home.
29 Parents shall make the final decision to accept or decline
30 early intervention services. A decision to decline such
31 services shall not be a basis for administrative
32 determination of parental fitness, or other findings or
33 sanctions against the parents. Parameters of the Plan shall
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1 be set forth in rules.
2 (Source: P.A. 87-680.)
3 (325 ILCS 20/12) (from Ch. 23, par. 4162)
4 Sec. 12. Procedural Safeguards. The lead agency shall
5 adopt procedural safeguards that meet federal requirements
6 and ensure effective implementation of the safeguards for
7 families by each public agency involved in the provision of
8 early intervention services under this Act.
9 The procedural safeguards shall provide, at a minimum,
10 the following:
11 (a) The timely administrative resolution of
12 complaints by parents as defined by administrative rule.
13 The process shall use formal mediation procedures used by
14 the lead agency, as well as prescribed due process
15 procedures, which may be used by families at their
16 discretion.
17 (b) The right to confidentiality of personally
18 identifiable information.
19 (c) The opportunity for parents and a guardian to
20 examine and receive copies of records relating to
21 assessment, screening, eligibility determinations, and
22 the development and implementation of the Individualized
23 Family Service Plan.
24 (d) Procedures to protect the rights of the
25 eligible infant or toddler whenever the parents or
26 guardians of the child are not known or unavailable or
27 the child is a ward of the State, including the
28 assignment of an individual (who shall not be an employee
29 of the State agency or local agency providing services)
30 to act as a surrogate for the parents or guardian.
31 (e) Timely written prior notice to the parents or
32 guardian of the eligible infant or toddler whenever the
33 State agency or public or private service provider
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1 proposes to initiate or change or refuses to initiate or
2 change the identification, evaluation, placement, or the
3 provision of appropriate early intervention services to
4 the eligible infant or toddler.
5 (f) Written prior notice to fully inform the
6 parents or guardians, in their primary language, in a
7 comprehensible manner, of these procedural safeguards.
8 (g) During the pendency of any proceedings or
9 action involving a complaint, unless the State agency and
10 the parents or guardian otherwise agree, the child shall
11 continue to receive the appropriate early intervention
12 services currently being provided, or in the case of an
13 application for initial services, the child shall receive
14 the services not in dispute.
15 (Source: P.A. 87-680; 87-847.)
16 (325 ILCS 20/13) (from Ch. 23, par. 4163)
17 Sec. 13. Funding and Fiscal Responsibility. The lead
18 agency and every other participating State agency may receive
19 and expend funds appropriated by the General Assembly to
20 implement the early intervention services system as required
21 by this Act.
22 The lead agency and each participating State agency shall
23 identify and report on an annual basis to the Council the
24 State agency funds utilized for the provision of early
25 intervention services to eligible infants and toddlers.
26 Funds provided under Section 633 673 of the Individuals
27 with Disabilities Education Act (20 United States Code 1433
28 1473) may not be used to satisfy a financial commitment for
29 services which would have been paid for from another public
30 or private source but for the enactment of this Act, except
31 whenever considered necessary to prevent delay in receiving
32 appropriate early intervention services by the eligible
33 infant or toddler or family in a timely manner. Funds
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1 provided under Section 633 673 of the Individuals with
2 Disabilities Education Act may be used by the lead agency to
3 pay the provider of services pending reimbursement from the
4 appropriate state agency.
5 Nothing in this Act shall be construed to permit the
6 State to reduce medical or other assistance available or to
7 alter eligibility under Title V and Title XIX of the Social
8 Security Act relating to the Maternal Child Health Program
9 and Medicaid for eligible infants and toddlers in this State.
10 From the sum appropriated to the lead agency for the
11 purposes of this Act, the lead agency shall distribute funds
12 to the prime contractor for each local community area for the
13 provision of early intervention services. The local community
14 area may meet its obligations to assure appropriate early
15 intervention services through contracts with public or
16 private agencies that meet the requirements of this Act.
17 The lead agency shall create a central billing office to
18 receive and dispense all relevant State and federal
19 resources, as well as local government or independent
20 resources available, for early intervention services. This
21 office shall assure that maximum federal resources are
22 utilized and that providers receive funds with minimal
23 duplications or interagency reporting and with consolidated
24 audit procedures. The lead agency shall also create a
25 resource review committee on the use of public and private
26 sector resources.
27 The lead agency may also create a system of payments by
28 families, including a schedule of fees. No fees, however, may
29 be charged for: implementing child find, evaluation and
30 assessment, service coordination, administrative and
31 coordination activities related to the development, review,
32 and evaluation of Individualized Family Service Plans, or the
33 implementation of procedural safeguards and other
34 administrative components of the statewide early intervention
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1 system.
2 (Source: P.A. 87-680.)
3 (325 ILCS 20/14 rep.)
4 Section 10. The Early Intervention Services System Act
5 is amended by repealing Section 14.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.".