State of Illinois
2011 and 2012


Introduced 2/3/2012, by Rep. Robyn Gabel


325 ILCS 20/3  from Ch. 23, par. 4153
325 ILCS 20/11  from Ch. 23, par. 4161

    Amends the Early Intervention Services System Act. Changes the definition of the term "eligible infants and toddlers" to mean infants and toddlers under 60 (rather than 36) months of age with any of the specified conditions. Provides that an eligible infant or toddler's individualized family service plan shall serve as the child's individualized educational plan (IEP) until an IEP is developed and implementation of IEP services is commenced, if an IEP is not developed and implemented for the child by the child's 3rd birthday. Provides that the individualized family service plan may be modified by agreement between the local educational agency and the parents. Effective immediately.

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HB4716LRB097 18157 KTG 63381 b

1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Early Intervention Services System Act is
5amended by changing Sections 3 and 11 as follows:
6    (325 ILCS 20/3)  (from Ch. 23, par. 4153)
7    Sec. 3. Definitions. As used in this Act:
8    (a) "Eligible infants and toddlers" means infants and
9toddlers under 60 36 months of age with any of the following
11        (1) Developmental delays.
12        (2) A physical or mental condition which typically
13    results in developmental delay.
14        (3) Being at risk of having substantial developmental
15    delays based on informed clinical judgment.
16        (4) Either (A) having entered the program under any of
17    the circumstances listed in paragraphs (1) through (3) of
18    this subsection but no longer meeting the current
19    eligibility criteria under those paragraphs, and
20    continuing to have any measurable delay, or (B) not having
21    attained a level of development in each area, including (i)
22    cognitive, (ii) physical (including vision and hearing),
23    (iii) language, speech, and communication, (iv)



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1    psycho-social, or (v) self-help skills, that is at least at
2    the mean of the child's age equivalent peers; and, in
3    addition to either item (A) or item (B), (C) having been
4    determined by the multidisciplinary individualized family
5    service plan team to require the continuation of early
6    intervention services in order to support continuing
7    developmental progress, pursuant to the child's needs and
8    provided in an appropriate developmental manner. The type,
9    frequency, and intensity of services shall differ from the
10    initial individualized family services plan because of the
11    child's developmental progress, and may consist of only
12    service coordination, evaluation, and assessments.
13    (b) "Developmental delay" means a delay in one or more of
14the following areas of childhood development as measured by
15appropriate diagnostic instruments and standard procedures:
16cognitive; physical, including vision and hearing; language,
17speech and communication; psycho-social; or self-help skills.
18The term means a delay of 30% or more below the mean in
19function in one or more of those areas.
20    (c) "Physical or mental condition which typically results
21in developmental delay" means:
22        (1) a diagnosed medical disorder bearing a relatively
23    well known expectancy for developmental outcomes within
24    varying ranges of developmental disabilities; or
25        (2) a history of prenatal, perinatal, neonatal or early
26    developmental events suggestive of biological insults to



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1    the developing central nervous system and which either
2    singly or collectively increase the probability of
3    developing a disability or delay based on a medical
4    history.
5    (d) "Informed clinical judgment" means both clinical
6observations and parental participation to determine
7eligibility by a consensus of a multidisciplinary team of 2 or
8more members based on their professional experience and
10    (e) "Early intervention services" means services which:
11        (1) are designed to meet the developmental needs of
12    each child eligible under this Act and the needs of his or
13    her family;
14        (2) are selected in collaboration with the child's
15    family;
16        (3) are provided under public supervision;
17        (4) are provided at no cost except where a schedule of
18    sliding scale fees or other system of payments by families
19    has been adopted in accordance with State and federal law;
20        (5) are designed to meet an infant's or toddler's
21    developmental needs in any of the following areas:
22            (A) physical development, including vision and
23        hearing,
24            (B) cognitive development,
25            (C) communication development,
26            (D) social or emotional development, or



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1            (E) adaptive development;
2        (6) meet the standards of the State, including the
3    requirements of this Act;
4        (7) include one or more of the following:
5            (A) family training,
6            (B) social work services, including counseling,
7        and home visits,
8            (C) special instruction,
9            (D) speech, language pathology and audiology,
10            (E) occupational therapy,
11            (F) physical therapy,
12            (G) psychological services,
13            (H) service coordination services,
14            (I) medical services only for diagnostic or
15        evaluation purposes,
16            (J) early identification, screening, and
17        assessment services,
18            (K) health services specified by the lead agency as
19        necessary to enable the infant or toddler to benefit
20        from the other early intervention services,
21            (L) vision services,
22            (M) transportation, and
23            (N) assistive technology devices and services;
24        (8) are provided by qualified personnel, including but
25    not limited to:
26            (A) child development specialists or special



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1        educators,
2            (B) speech and language pathologists and
3        audiologists,
4            (C) occupational therapists,
5            (D) physical therapists,
6            (E) social workers,
7            (F) nurses,
8            (G) nutritionists,
9            (H) optometrists,
10            (I) psychologists, and
11            (J) physicians;
12        (9) are provided in conformity with an Individualized
13    Family Service Plan;
14        (10) are provided throughout the year; and
15        (11) are provided in natural environments, including
16    the home and community settings in which infants and
17    toddlers without disabilities would participate to the
18    extent determined by the multidisciplinary Individualized
19    Family Service Plan.
20    (f) "Individualized Family Service Plan" or "Plan" means a
21written plan for providing early intervention services to a
22child eligible under this Act and the child's family, as set
23forth in Section 11.
24    (g) "Local interagency agreement" means an agreement
25entered into by local community and State and regional agencies
26receiving early intervention funds directly from the State and



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1made in accordance with State interagency agreements providing
2for the delivery of early intervention services within a local
3community area.
4    (h) "Council" means the Illinois Interagency Council on
5Early Intervention established under Section 4.
6    (i) "Lead agency" means the State agency responsible for
7administering this Act and receiving and disbursing public
8funds received in accordance with State and federal law and
10    (i-5) "Central billing office" means the central billing
11office created by the lead agency under Section 13.
12    (j) "Child find" means a service which identifies eligible
13infants and toddlers.
14    (k) "Regional intake entity" means the lead agency's
15designated entity responsible for implementation of the Early
16Intervention Services System within its designated geographic
18    (l) "Early intervention provider" means an individual who
19is qualified, as defined by the lead agency, to provide one or
20more types of early intervention services, and who has enrolled
21as a provider in the early intervention program.
22    (m) "Fully credentialed early intervention provider" means
23an individual who has met the standards in the State applicable
24to the relevant profession, and has met such other
25qualifications as the lead agency has determined are suitable
26for personnel providing early intervention services, including



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1pediatric experience, education, and continuing education. The
2lead agency shall establish these qualifications by rule filed
3no later than 180 days after the effective date of this
4amendatory Act of the 92nd General Assembly.
5(Source: P.A. 92-307, 8-9-01; 93-124, eff. 7-10-03.)
6    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
7    Sec. 11. Individualized Family Service Plans.
8    (a) Each eligible infant or toddler and that infant's or
9toddler's family shall receive:
10        (1) timely, comprehensive, multidisciplinary
11    assessment of the unique needs of each eligible infant and
12    toddler, and assessment of the concerns and priorities of
13    the families to appropriately assist them in meeting their
14    needs and identify services to meet those needs; and
15        (2) a written Individualized Family Service Plan
16    developed by a multidisciplinary team which includes the
17    parent or guardian. The individualized family service plan
18    shall be based on the multidisciplinary team's assessment
19    of the resources, priorities, and concerns of the family
20    and its identification of the supports and services
21    necessary to enhance the family's capacity to meet the
22    developmental needs of the infant or toddler, and shall
23    include the identification of services appropriate to meet
24    those needs, including the frequency, intensity, and
25    method of delivering services. During and as part of the



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1    initial development of the individualized family services
2    plan, and any periodic reviews of the plan, the
3    multidisciplinary team shall consult the lead agency's
4    therapy guidelines and its designated experts, if any, to
5    help determine appropriate services and the frequency and
6    intensity of those services. All services in the
7    individualized family services plan must be justified by
8    the multidisciplinary assessment of the unique strengths
9    and needs of the infant or toddler and must be appropriate
10    to meet those needs. At the periodic reviews, the team
11    shall determine whether modification or revision of the
12    outcomes or services is necessary.
13    (b) The Individualized Family Service Plan shall be
14evaluated once a year and the family shall be provided a review
15of the Plan at 6 month intervals or more often where
16appropriate based on infant or toddler and family needs. The
17lead agency shall create a quality review process regarding
18Individualized Family Service Plan development and changes
19thereto, to monitor and help assure that resources are being
20used to provide appropriate early intervention services.
21    (c) The evaluation and initial assessment and initial Plan
22meeting must be held within 45 days after the initial contact
23with the early intervention services system. With parental
24consent, early intervention services may commence before the
25completion of the comprehensive assessment and development of
26the Plan.



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1    (d) Parents must be informed that, at their discretion,
2early intervention services shall be provided to each eligible
3infant and toddler in the natural environment, which may
4include the home or other community settings. Parents shall
5make the final decision to accept or decline early intervention
6services. A decision to decline such services shall not be a
7basis for administrative determination of parental fitness, or
8other findings or sanctions against the parents. Parameters of
9the Plan shall be set forth in rules.
10    (e) The regional intake offices shall explain to each
11family, orally and in writing, all of the following:
12        (1) That the early intervention program will pay for
13    all early intervention services set forth in the
14    individualized family service plan that are not covered or
15    paid under the family's public or private insurance plan or
16    policy and not eligible for payment through any other third
17    party payor.
18        (2) That services will not be delayed due to any rules
19    or restrictions under the family's insurance plan or
20    policy.
21        (3) That the family may request, with appropriate
22    documentation supporting the request, a determination of
23    an exemption from private insurance use under Section
24    13.25.
25        (4) That responsibility for co-payments or
26    co-insurance under a family's private insurance plan or



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1    policy will be transferred to the lead agency's central
2    billing office.
3        (5) That families will be responsible for payments of
4    family fees, which will be based on a sliding scale
5    according to income, and that these fees are payable to the
6    central billing office, and that if the family encounters a
7    catastrophic circumstance, as defined under subsection (f)
8    of Section 13 of this Act, making it unable to pay the
9    fees, the lead agency may, upon proof of inability to pay,
10    waive the fees.
11    (f) The individualized family service plan must state
12whether the family has private insurance coverage and, if the
13family has such coverage, must have attached to it a copy of
14the family's insurance identification card or otherwise
15include all of the following information:
16        (1) The name, address, and telephone number of the
17    insurance carrier.
18        (2) The contract number and policy number of the
19    insurance plan.
20        (3) The name, address, and social security number of
21    the primary insured.
22        (4) The beginning date of the insurance benefit year.
23    (g) A copy of the individualized family service plan must
24be provided to each enrolled provider who is providing early
25intervention services to the child who is the subject of that



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1    (h) If an individualized educational plan (IEP) is not
2developed and implemented for the child by the child's 3rd
3birthday, the individualized family service plan shall serve as
4the child's IEP until an IEP is developed and implementation of
5IEP services is commenced. The individualized family service
6plan may be modified by agreement between the local educational
7agency and the parents.
8(Source: P.A. 91-538, eff. 8-13-99; 92-10, eff. 6-11-01;
992-307, eff. 8-9-01; 92-651, eff. 7-11-02.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.