State of Illinois
2019 and 2020


Introduced 1/29/2019, by Sen. David Koehler


325 ILCS 20/3  from Ch. 23, par. 4153

    Amends the Early Intervention Services System Act. Redefines "physical or mental condition that typically results in developmental delay" to mean a diagnosed medical disorder bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities, including elevated blood lead levels, as defined by the Department of Public Health by rule, confirmed by a venous blood test (rather than a diagnosed medical disorder bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities).

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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 Section 3 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 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 opinion.
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) social or



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1    emotional, or (v) adaptive, that is at least at the mean of
2    the child's age equivalent peers; and, in addition to
3    either item (A) or item (B), (C) having been determined by
4    the multidisciplinary individualized family service plan
5    team to require the continuation of early intervention
6    services in order to support continuing developmental
7    progress, pursuant to the child's needs and provided in an
8    appropriate developmental manner. The type, frequency, and
9    intensity of services shall differ from the initial
10    individualized family services plan because of the child's
11    developmental progress, and may consist of only service
12    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; social or emotional; or adaptive. The
18term means a delay of 30% or more below the mean in function in
19one 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, including
25    elevated blood lead levels, as defined by the Department of
26    Public Health by rule, confirmed by a venous blood test; or



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1        (2) a history of prenatal, perinatal, neonatal or early
2    developmental events suggestive of biological insults to
3    the developing central nervous system and which either
4    singly or collectively increase the probability of
5    developing a disability or delay based on a medical
6    history.
7    (d) "Informed clinical opinion" means both clinical
8observations and parental participation to determine
9eligibility by a consensus of a multidisciplinary team of 2 or
10more members based on their professional experience and
12    (e) "Early intervention services" means services which:
13        (1) are designed to meet the developmental needs of
14    each child eligible under this Act and the needs of his or
15    her family;
16        (2) are selected in collaboration with the child's
17    family;
18        (3) are provided under public supervision;
19        (4) are provided at no cost except where a schedule of
20    sliding scale fees or other system of payments by families
21    has been adopted in accordance with State and federal law;
22        (5) are designed to meet an infant's or toddler's
23    developmental needs in any of the following areas:
24            (A) physical development, including vision and
25        hearing,
26            (B) cognitive development,



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1            (C) communication development,
2            (D) social or emotional development, or
3            (E) adaptive development;
4        (6) meet the standards of the State, including the
5    requirements of this Act;
6        (7) include one or more of the following:
7            (A) family training,
8            (B) social work services, including counseling,
9        and home visits,
10            (C) special instruction,
11            (D) speech, language pathology and audiology,
12            (E) occupational therapy,
13            (F) physical therapy,
14            (G) psychological services,
15            (H) service coordination services,
16            (I) medical services only for diagnostic or
17        evaluation purposes,
18            (J) early identification, screening, and
19        assessment services,
20            (K) health services specified by the lead agency as
21        necessary to enable the infant or toddler to benefit
22        from the other early intervention services,
23            (L) vision services,
24            (M) transportation,
25            (N) assistive technology devices and services,
26            (O) nursing services,



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1            (P) nutrition services, and
2            (Q) sign language and cued language services;
3        (8) are provided by qualified personnel, including but
4    not limited to:
5            (A) child development specialists or special
6        educators, including teachers of children with hearing
7        impairments (including deafness) and teachers of
8        children with vision impairments (including
9        blindness),
10            (B) speech and language pathologists and
11        audiologists,
12            (C) occupational therapists,
13            (D) physical therapists,
14            (E) social workers,
15            (F) nurses,
16            (G) dietitian nutritionists,
17            (H) vision specialists, including ophthalmologists
18        and optometrists,
19            (I) psychologists, and
20            (J) physicians;
21        (9) are provided in conformity with an Individualized
22    Family Service Plan;
23        (10) are provided throughout the year; and
24        (11) are provided in natural environments, to the
25    maximum extent appropriate, which may include the home and
26    community settings, unless justification is provided



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1    consistent with federal regulations adopted under Sections
2    1431 through 1444 of Title 20 of the United States Code.
3    (f) "Individualized Family Service Plan" or "Plan" means a
4written plan for providing early intervention services to a
5child eligible under this Act and the child's family, as set
6forth in Section 11.
7    (g) "Local interagency agreement" means an agreement
8entered into by local community and State and regional agencies
9receiving early intervention funds directly from the State and
10made in accordance with State interagency agreements providing
11for the delivery of early intervention services within a local
12community area.
13    (h) "Council" means the Illinois Interagency Council on
14Early Intervention established under Section 4.
15    (i) "Lead agency" means the State agency responsible for
16administering this Act and receiving and disbursing public
17funds received in accordance with State and federal law and
19    (i-5) "Central billing office" means the central billing
20office created by the lead agency under Section 13.
21    (j) "Child find" means a service which identifies eligible
22infants and toddlers.
23    (k) "Regional intake entity" means the lead agency's
24designated entity responsible for implementation of the Early
25Intervention Services System within its designated geographic



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1    (l) "Early intervention provider" means an individual who
2is qualified, as defined by the lead agency, to provide one or
3more types of early intervention services, and who has enrolled
4as a provider in the early intervention program.
5    (m) "Fully credentialed early intervention provider" means
6an individual who has met the standards in the State applicable
7to the relevant profession, and has met such other
8qualifications as the lead agency has determined are suitable
9for personnel providing early intervention services, including
10pediatric experience, education, and continuing education. The
11lead agency shall establish these qualifications by rule filed
12no later than 180 days after the effective date of this
13amendatory Act of the 92nd General Assembly.
14(Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)