Public Act 90-0158 of the 90th General Assembly
Public Act 90-0158
HB1578 Enrolled LRB9004857DJcd
AN ACT to amend the Early Intervention Services System
Act by changing Sections 3 and 5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Early Intervention Services System Act is
amended by changing Sections 3 and 5 as follows:
(325 ILCS 20/3) (from Ch. 23, par. 4153)
Sec. 3. Definitions. As used in this Act:
(a) "Eligible infants and toddlers" means infants and
toddlers under 36 months of age with any of the following
conditions:
(1) Disabilities due to developmental delay.
(2) A physical or mental condition which has a high
probability of resulting in developmental delay.
(3) Being at risk of having substantial
developmental delays due to a combination of serious
factors.
(b) "Developmental delay" means a delay in one or more
of the following areas of childhood development as measured
by appropriate diagnostic instruments and standard
procedures: cognitive; physical, including vision and
hearing; language, speech and communication; psycho-social;
or self-help skills.
(c) "Physical or mental condition which has a high
probability of resulting in developmental delay" means:
(1) a diagnosed medical disorder bearing a
relatively well known expectancy for developmental
outcomes within varying ranges of developmental
disabilities; or
(2) a history of prenatal, perinatal, neonatal or
early developmental events suggestive of biological
insults to the developing central nervous system and
which either singly or collectively increase the
probability of developing a disability or delay based on
a medical history.
(d) "At risk of having substantial developmental delay"
means the presence of at least 3 at risk conditions, plus a
consensus based on clinical judgment, that the presence of
these conditions warrants a risk of substantial developmental
delay if early intervention services are not provided. A
list of at risk conditions shall be developed by the Illinois
Interagency Council on Early Intervention. When relying on
clinical judgment, which includes both clinical observations
and parental participation, a developmental delay will be
determined by a consensus of an interdisciplinary team of at
least 2 or more members based on their professional
experience and expertise.
(e) "Early intervention services" means services which:
(1) are designed to meet the developmental needs of
each child eligible under this Act and the needs of his
or her family;
(2) are selected in collaboration with the child's
family;
(3) are provided under public supervision;
(4) are provided at no cost except where a schedule
of sliding scale fees or other system of payments by
families has been adopted in accordance with State and
federal law;
(5) are designed to meet an infant's or toddler's
developmental needs in any of the following areas:
(A) physical development,
(B) cognitive development,
(C) communication development,
(D) social or emotional development, or
(E) adaptive development;
(6) meet the standards of the State, including the
requirements of this Act;
(7) include one or more of the following:
(A) family training,
(B) social work services, including
counseling, and home visits,
(C) special instruction,
(D) speech, language pathology and audiology,
(E) occupational therapy,
(F) physical therapy,
(G) psychological services,
(H) service coordination services,
(I) medical services only for diagnostic or
evaluation purposes,
(J) early identification, screening, and
assessment services,
(K) health services specified by the lead
agency as necessary to enable the infant or toddler
to benefit from the other early intervention
services,
(L) vision services,
(M) transportation, and
(N) assistive technology devices and services;
(8) are provided by qualified personnel, including
but not limited to:
(A) child development specialists or special
educators,
(B) speech and language pathologists and
audiologists,
(C) occupational therapists,
(D) physical therapists,
(E) social workers,
(F) nurses,
(G) nutritionists,
(H) optometrists,
(I) psychologists, and
(J) physicians;
(9) are provided in conformity with an
Individualized Family Service Plan;
(10) are provided throughout the year; and
(11) are provided in natural environments in which
infants and toddlers without disabilities would
participate to the extent desired by families.
(f) "Individualized Family Service Plan" or "Plan" means
a written plan for providing early intervention services to a
child eligible under this Act and the child's family, as set
forth in Section 11.
(g) "Local interagency agreement" means an agreement
entered into by local community and State and regional
agencies receiving early intervention funds directly from the
State and made in accordance with State interagency
agreements providing for the delivery of early intervention
services within a local community area.
(h) "Council" means the Illinois Interagency Council on
Early Intervention established under Section 4.
(i) "Lead agency" means the State agency, as designated
by the Governor, responsible for administering this Act and
receiving and disbursing public funds received in accordance
with State and federal law and rules.
(j) "Child find" means a service which identifies
eligible infants and toddlers.
(Source: P.A. 87-680; 87-847.)
(325 ILCS 20/5) (from Ch. 23, par. 4155)
Sec. 5. Lead Agency. The Department of Human Services
is designated the lead agency and designated by the Governor
shall provide leadership in establishing and implementing the
coordinated, comprehensive, interagency and interdisciplinary
system of early intervention services. The lead agency shall
not have the sole responsibility for providing these
services. Each participating State agency shall continue to
coordinate those early intervention services relating to
health, social service and education provided under this
authority.
The lead agency is responsible for carrying out:
(a) the general administration, supervision, and
monitoring of programs and activities receiving
assistance under Section 673 of the Individuals with
Disabilities Education Act (20 United States Code 1473);
(b) the identification and coordination of all
available resources within the State from federal, State,
local and private sources;
(c) the development of procedures to ensure that
services are provided to eligible infants and toddlers
and their families in a timely manner pending the
resolution of any disputes among public agencies or
service providers;
(d) the resolution of intra-agency and interagency
regulatory and procedural disputes; and
(e) the development and implementation of formal
interagency agreements between the lead agency and other
relevant State agencies that:
(1) define the financial responsibility of
each agency for paying for early intervention
services (consistent with existing State and federal
law and rules) and procedures for resolving service
disputes; and
(2) include all additional components
necessary to ensure meaningful cooperation and
coordination.
(Source: P.A. 87-680.)