State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0538

SB1065 Enrolled                               LRB9102324SMdvA

    AN ACT to amend the Early  Intervention  Services  System
Act  by  changing  Sections  2,  3,  6, 11, 12, and 13 and by
repealing Section 14.

    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  2,  3,  6, 11, 12, and 13 as
follows:

    (325 ILCS 20/2) (from Ch. 23, par. 4152)
    Sec. 2.  Legislative Findings and Policy.
    (a)  The General Assembly finds that there is  an  urgent
and substantial need to:
         (1)  enhance the development of all eligible infants
    and  toddlers  in  the  State  of  Illinois  in  order to
    minimize  developmental  delay  and  maximize  individual
    potential for adult independence;
         (2)  enhance the capacity of families  to  meet  the
    special  needs of eligible infants and toddlers including
    the purchase of services when necessary;
         (3)  reduce educational costs by minimizing the need
    for special education and related services when  eligible
    infants and toddlers reach school age;
         (4)  enhance   the  independence,  productivity  and
    integration  with  age-appropriate  peers   of   eligible
    children and their families;
         (5)  reduce  social  services costs and minimize the
    need for institutionalization; and
         (6)  prevent secondary impairments and  disabilities
    by  improving the health of infants and toddlers, thereby
    reducing health costs for the families and the State.
    (b)  The General  Assembly  therefore  intends  that  the
policy of this State shall be to:
         (1)  affirm  the  importance  of  the  family in all
    areas of the child's development and reinforce  the  role
    of  the  family  as  a participant in the decision making
    processes regarding their child;
         (2)  provide  assistance  and  support  to  eligible
    infants and toddlers and their families  to  address  the
    individual concerns and decisions of each family;
         (3)  develop  and  implement,  on a statewide basis,
    locally      based      comprehensive,       coordinated,
    interdisciplinary,    interagency    early   intervention
    services for all eligible infants and toddlers;
         (4)  enhance  the  local  communities'  capacity  to
    provide an array of quality early intervention services;
         (5)  identify and coordinate all available resources
    for early intervention within the State  including  those
    from federal, State, local and private sources;
         (6)  provide  financial  and technical assistance to
    local communities for the purposes of coordinating  early
    intervention  services in local communities and enhancing
    the communities' capacity to provide individualized early
    intervention  services  to  all  eligible   infants   and
    toddlers in their homes or in community environments; and
         (7)  affirm  that eligible infants and toddlers have
    a right to receive early  intervention  services  to  the
    maximum  extent  appropriate,  in natural environments in
    which infants and  toddlers  without  disabilities  would
    participate  in  their  own  homes  or,  if  provision of
    services at home is not possible or is  rejected  by  the
    parents,   in   natural   settings   in  local  community
    environments.
    (c)  The  General  Assembly  further  finds  that   early
intervention  services  are  cost-effective  and  effectively
serve   the  developmental  needs  of  eligible  infants  and
toddlers and their families.  Therefore, the purpose of  this
Act  is to provide a comprehensive, coordinated, interagency,
interdisciplinary  early  intervention  services  system  for
eligible infants and toddlers and their families by enhancing
the capacity to provide quality early intervention  services,
expanding  and  improving existing services, and facilitating
coordination of payments for early intervention services from
various public and private sources.
(Source: P.A. 87-680.)

    (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)  Developmental  delays   as   defined   by   the
    Department  by  rule  Disabilities  due  to developmental
    delay.
         (2)  A physical or mental condition which  typically
    results   has   a   high   probability  of  resulting  in
    developmental delay.
         (3)  Being   at   risk   of    having    substantial
    developmental  delays based on informed clinical judgment
    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  typically
results 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)  "Informed clinical  judgment"  means  both  clinical
observations   and   parental   participation   to  determine
eligibility by a consensus of a multidisciplinary team  of  2
or  more  members  based on their professional experience and
expertise.  "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, including vision and
         hearing,
              (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,
    including  the  home  and  community  settings  in  which
    infants   and   toddlers   without   disabilities   would
    participate   to   the   extent   determined    by    the
    multidisciplinary   Individualized  Family  Service  Plan
    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 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. 90-158, eff. 1-1-98.)

    (325 ILCS 20/6) (from Ch. 23, par. 4156)
    Sec.  6.   Local Structure and Interagency Councils.  The
lead agency, in conjunction with the Council and  as  defined
by  administrative rule, shall define at least 40 and no more
than  60  local  service  areas  and  define  the  geographic
boundaries of each  so  that  all  areas  of  the  State  are
included  in a local service area but no area of the State is
included in more  than  one  service  area.   In  each  local
service  area,  the  lead  agency  shall designate a regional
entity  core  provider  responsible  for  the  assessment  of
eligibility and services  and  a  local  interagency  council
responsible  for  coordination  and  design of child find and
public     awareness.      The     regional     entity      A
coordination/advocacy   provider  shall  be  responsible  for
staffing the local  council,  carrying  out  child  find  and
public  awareness  activities,  and  providing  advocacy  for
eligible  families  within  the  given  geographic area.  The
regional  coordinating  entity  is   the   prime   contractor
responsible  to  the  lead  agency for implementation of this
Act.
    The lead agency, in conjunction with the  Council,  shall
create  local  interagency  councils.   Members of each local
interagency council shall include, but not be limited to, the
following:  parents; representatives  from  coordination  and
advocacy  service  providers; local education agencies; other
local public and private service  providers;  representatives
from  State  agencies  at  the local level; and others deemed
necessary by the local council.
    Local interagency councils shall:
         (a)  assist  in  the  development  of  collaborative
    agreements between local  service  providers,  diagnostic
    and  other  agencies providing additional services to the
    child and family;
         (b)  assist in conducting  local  needs  assessments
    and planning efforts;
         (c)  identify and resolve local access issues;
         (d)  conduct collaborative child find activities;
         (e)  coordinate public awareness initiatives;
         (f)  coordinate local planning and evaluation;
         (g)  assist   in   the   recruitment   of  specialty
    personnel;
         (h)  develop plans for facilitating  transition  and
    integration  of  eligible  children and families into the
    community;
         (i)  facilitate conflict  resolution  at  the  local
    level; and
         (j)  report annually to the Council.
(Source: P.A. 87-680; 87-847.)

    (325 ILCS 20/11) (from Ch. 23, par. 4161)
    Sec.  11.   Individualized  Family  Service  Plans.  Each
eligible  infant  or  toddler  and that infant's or toddler's
family shall receive:
         (a)  timely,    comprehensive,     multidisciplinary
    interdisciplinary  assessment of the unique needs of each
    eligible  infant  and  toddler,  and  assessment  of  the
    concerns and priorities of the families to  appropriately
    assist  them in meeting their needs and identify services
    to meet those needs; and
         (b)  a written Individualized  Family  Service  Plan
    developed  by  a  multidisciplinary  an interdisciplinary
    team which includes the parent or guardian.
    The Individualized Family Service Plan shall be evaluated
once a year and the family shall be provided a review of  the
Plan  at  6  month  intervals or more often where appropriate
based on infant or toddler and family needs.
    The evaluation and initial assessment  and  initial  Plan
meeting must be held within 45 days after the initial contact
with  the  early  intervention services system. With parental
consent, early intervention services may commence before  the
completion of the comprehensive assessment and development of
the Plan.
    Parents must be informed that, at their discretion, early
intervention  services  shall  be  provided  to each eligible
infant and toddler in  the  natural  environment,  which  may
include  the  home or other community settings parents' home.
Parents shall make the final decision to  accept  or  decline
early  intervention  services.  A  decision  to  decline such
services  shall   not   be   a   basis   for   administrative
determination  of  parental  fitness,  or  other  findings or
sanctions against the parents. Parameters of the  Plan  shall
be set forth in rules.
(Source: P.A. 87-680.)

    (325 ILCS 20/12) (from Ch. 23, par. 4162)
    Sec.  12.   Procedural  Safeguards. The lead agency shall
adopt procedural safeguards that  meet  federal  requirements
and  ensure  effective  implementation  of the safeguards for
families by each public agency involved in the  provision  of
early intervention services under this Act.
    The  procedural  safeguards  shall provide, at a minimum,
the following:
         (a)  The   timely   administrative   resolution   of
    complaints by parents as defined by administrative  rule.
    The process shall use formal mediation procedures used by
    the  lead  agency,  as  well  as  prescribed  due process
    procedures, which  may  be  used  by  families  at  their
    discretion.
         (b)  The  right  to  confidentiality  of  personally
    identifiable information.
         (c)  The  opportunity  for parents and a guardian to
    examine  and  receive  copies  of  records  relating   to
    assessment,  screening,  eligibility  determinations, and
    the development and implementation of the  Individualized
    Family Service Plan.
         (d)  Procedures   to   protect  the  rights  of  the
    eligible  infant  or  toddler  whenever  the  parents  or
    guardians of the child are not known  or  unavailable  or
    the   child  is  a  ward  of  the  State,  including  the
    assignment of an individual (who shall not be an employee
    of the State agency or local agency  providing  services)
    to act as a surrogate for the parents or guardian.
         (e)  Timely  written  prior notice to the parents or
    guardian of the eligible infant or toddler  whenever  the
    State  agency  or  public  or  private  service  provider
    proposes  to initiate or change or refuses to initiate or
    change the identification, evaluation, placement, or  the
    provision  of  appropriate early intervention services to
    the eligible infant or toddler.
         (f)  Written  prior  notice  to  fully  inform   the
    parents  or  guardians,  in  their primary language, in a
    comprehensible manner, of these procedural safeguards.
         (g)  During  the  pendency  of  any  proceedings  or
    action involving a complaint, unless the State agency and
    the parents or guardian otherwise agree, the child  shall
    continue  to  receive  the appropriate early intervention
    services currently being provided, or in the case  of  an
    application for initial services, the child shall receive
    the services not in dispute.
(Source: P.A. 87-680; 87-847.)

    (325 ILCS 20/13) (from Ch. 23, par. 4163)
    Sec.  13.  Funding  and  Fiscal  Responsibility. The lead
agency and every other participating State agency may receive
and expend funds appropriated  by  the  General  Assembly  to
implement  the early intervention services system as required
by this Act.
    The lead agency and each participating State agency shall
identify and report on an annual basis  to  the  Council  the
State  agency  funds  utilized  for  the  provision  of early
intervention services to eligible infants and toddlers.
    Funds provided under Section 633 673 of  the  Individuals
with  Disabilities  Education Act (20 United States Code 1433
1473) may not be used to satisfy a financial  commitment  for
services  which  would have been paid for from another public
or private source but for the enactment of this  Act,  except
whenever  considered  necessary to prevent delay in receiving
appropriate  early  intervention  services  by  the  eligible
infant or  toddler  or  family  in  a  timely  manner.  Funds
provided  under  Section  633  673  of  the  Individuals with
Disabilities Education Act may be used by the lead agency  to
pay  the  provider of services pending reimbursement from the
appropriate state agency.
    Nothing in this Act shall  be  construed  to  permit  the
State  to  reduce medical or other assistance available or to
alter eligibility under Title V and Title XIX of  the  Social
Security  Act  relating  to the Maternal Child Health Program
and Medicaid for eligible infants and toddlers in this State.
    From the sum appropriated to  the  lead  agency  for  the
purposes  of this Act, the lead agency shall distribute funds
to the prime contractor for each local community area for the
provision of early intervention services. The local community
area may meet its obligations  to  assure  appropriate  early
intervention   services  through  contracts  with  public  or
private agencies that meet the requirements of this Act.
    The lead agency shall create a central billing office  to
receive   and   dispense   all  relevant  State  and  federal
resources,  as  well  as  local  government  or   independent
resources  available,  for  early intervention services. This
office  shall  assure  that  maximum  federal  resources  are
utilized  and  that  providers  receive  funds  with  minimal
duplications or interagency reporting and  with  consolidated
audit  procedures.  The  lead  agency  shall  also  create  a
resource  review  committee  on the use of public and private
sector resources.
    The lead agency may also create a system of  payments  by
families, including a schedule of fees. No fees, however, may
be  charged  for:  implementing  child  find,  evaluation and
assessment,   service   coordination,   administrative    and
coordination  activities  related to the development, review,
and evaluation of Individualized Family Service Plans, or the
implementation   of   procedural   safeguards    and    other
administrative components of the statewide early intervention
system.
(Source: P.A. 87-680.)

    (325 ILCS 20/14 rep.)
    Section  10.   The Early Intervention Services System Act
is amended by repealing Section 14.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

[ Top ]