Illinois General Assembly - Full Text of SB0820
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Full Text of SB0820  102nd General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Sections
52-3.186, 2-3.187, 14A-32, and 22-90 as follows:
6    (105 ILCS 5/2-3.186)
7    Sec. 2-3.186. Freedom Schools; grant program.
8    (a) The General Assembly recognizes and values the
9contributions that Freedom Schools make to enhance the lives
10of Black students. The General Assembly makes all of the
11following findings:
12        (1) The fundamental goal of the Freedom Schools of the
13    1960s was to provide quality education for all students,
14    to motivate active civic engagement, and to empower
15    disenfranchised communities. The renowned and progressive
16    curriculum of Freedom Schools allowed students of all ages
17    to experience a new and liberating form of education that
18    directly related to the imperatives of their lives, their
19    communities, and the Freedom Movement.
20        (2) Freedom Schools continue to demonstrate the proven
21    benefits of critical civic engagement and
22    intergenerational effects by providing historically
23    disadvantaged students, including African American



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1    students and other students of color, with quality
2    instruction that fosters student confidence, critical
3    thinking, and social and emotional development.
4        (3) Freedom Schools offer culturally relevant learning
5    opportunities with the academic and social supports that
6    Black children need by utilizing quality teaching,
7    challenging and engaging curricula, wrap-around supports,
8    a positive school climate, and strong ties to family and
9    community. Freedom Schools have a clear focus on results.
10        (4) Public schools serve a foundational role in the
11    education of over 2,000,000 students in this State.
12    (b) The State Board of Education shall establish a Freedom
13School network to supplement the learning taking place in
14public schools by creating a 6-week summer program with an
15organization with a mission to improve the odds for children
16in poverty that operates Freedom Schools in multiple states
17using a research-based and multicultural curriculum for
18disenfranchised communities most affected by the opportunity
19gap and learning loss caused by the pandemic, and by expanding
20the teaching of African American history, developing
21leadership skills, and providing an understanding of the
22tenets of the civil rights movement. The teachers in Freedom
23Schools must be from the local community, with an emphasis on
24historically disadvantaged youth, including African American
25students and other students of color, so that (i) these
26individuals have access to summer jobs and teaching



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1experiences that serve as a long-term pipeline to educational
2careers and the hiring of minority educators in public
3schools, (ii) these individuals are elevated as content
4experts and community leaders, and (iii) Freedom School
5students have access to both mentorship and equitable
6educational resources.
7    (c) A Freedom School shall intentionally and imaginatively
8implement strategies that focus on all of the following:
9        (1) Racial justice and equity.
10        (2) Transparency and building trusting relationships.
11        (3) Self-determination and governance.
12        (4) Building on community strengths and community
13    wisdom.
14        (5) Utilizing current data, best practices, and
15    evidence.
16        (6) Shared leadership and collaboration.
17        (7) A reflective learning culture.
18        (8) A whole-child approach to education.
19        (9) Literacy.
20    (d) The State Board of Education, in the establishment of
21Freedom Schools, shall strive for authentic parent and
22community engagement during the development of Freedom Schools
23and their curriculum. Authentic parent and community
24engagement includes all of the following:
25        (1) A shared responsibility that values equal
26    partnerships between families and professionals.



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1        (2) Ensuring that students and families who are
2    directly impacted by Freedom School policies and practices
3    are the decision-makers in the creation, design,
4    implementation, and assessment of those policies and
5    practices.
6        (3) Genuine respect for the culture and diversity of
7    families.
8        (4) Relationships that center around the goal of
9    supporting family well-being and children's development
10    and learning.
11    (e) Subject to appropriation, the State Board of Education
12shall establish and implement a grant program to provide
13grants to public schools, public community colleges, and
14not-for-profit, community-based organizations to facilitate
15improved educational outcomes for historically disadvantaged
16students, including African American students and other
17students of color Black students in grades pre-kindergarten
18through 12 in alignment with the integrity and practices of
19the Freedom School model established during the civil rights
20movement. Grant recipients under the program may include, but
21are not limited to, entities that work with the Children's
22Defense Fund or offer established programs with proven results
23and outcomes. The State Board of Education shall award grants
24to eligible entities that demonstrate a likelihood of
25reasonable success in achieving the goals identified in the
26grant application, including, but not limited to, all of the



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2        (1) Engaging, culturally relevant, and challenging
3    curricula.
4        (2) High-quality teaching.
5        (3) Wrap-around supports and opportunities.
6        (4) Positive discipline practices, such as restorative
7    justice.
8        (5) Inclusive leadership.
9    (f) The Freedom Schools Fund is created as a special fund
10in the State treasury. the Fund shall consist of
11appropriations from the General Revenue Fund, grant funds from
12the federal government, and donations from educational and
13private foundations. All money in the Fund shall be used,
14subject to appropriation, by the State Board of Education for
15the purposes of this Section and to support related
17    (g) The State Board of Education may adopt any rules
18necessary to implement this Section.
19(Source: P.A. 101-654, eff. 3-8-21.)
20    (105 ILCS 5/2-3.187)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 2-3.187. Inclusive American History Commission.
23    (a) The Inclusive American History Commission is created
24to provide assistance to the State Board of Education in
25revising its social science learning standards under



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1subsection (a-5) of Section 2-3.25.
2    (b) The State Board of Education shall convene the
3Inclusive American History Commission to do all of the
5        (1) Review available resources for use in school
6    districts that reflect the racial and ethnic diversity of
7    this State and country. The resources identified by the
8    Commission may be posted on the State Board of Education's
9    Internet website.
10        (2) Provide guidance for each learning standard
11    developed for educators on how to ensure that instruction
12    and content are not biased to value specific cultures,
13    time periods, and experiences over other cultures, time
14    periods, and experiences.
15        (3) Develop guidance, tools, and support for
16    professional learning on how to locate and utilize
17    resources for non-dominant cultural narratives and sources
18    of historical information.
19    (c) The Commission shall consist of all of the following
21        (1) One Representative appointed by the Speaker of the
22    House of Representatives.
23        (2) One Representative appointed by the Minority
24    Leader of the House of Representatives.
25        (3) One Senator appointed by the President of the
26    Senate.



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1        (4) One Senator appointed by the Minority Leader of
2    the Senate.
3        (5) Two members who are history scholars appointed by
4    the State Superintendent of Education.
5        (6) Eight members who are teachers at schools in this
6    State recommended by professional teachers' organizations
7    and appointed by the State Superintendent of Education.
8        (7) One representative of the State Board of Education
9    appointed by the State Superintendent of Education who
10    shall serve as chairperson.
11        (8) One member who represents an a statewide
12    organization that represents south suburban school
13    districts appointed by the State Superintendent of
14    Education.
15        (9) One member who represents a west suburban school
16    district appointed by the State Superintendent of
17    Education.
18        (10) One member who represents a school district
19    organized under Article 34 appointed by the State
20    Superintendent of Education.
21        (11) One member who represents a statewide
22    organization that represents school librarians appointed
23    by the State Superintendent of Education.
24        (12) One member who represents a statewide
25    organization that represents principals appointed by the
26    State Superintendent of Education.



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1        (13) One member who represents a statewide
2    organization that represents superintendents appointed by
3    the State Superintendent of Education.
4        (14) One member who represents a statewide
5    organization that represents school boards appointed by
6    the State Superintendent of Education.
7    Members appointed to the Commission must reflect the
8racial, ethnic, and geographic diversity of this State.
9    (d) Members of the Commission shall serve without
10compensation but may be reimbursed for reasonable expenses
11from funds appropriated to the State Board of Education for
12that purpose, including travel, subject to the rules of the
13appropriate travel control board.
14    (e) The State Board of Education shall provide
15administrative and other support to the Commission.
16    (f) The Commission must submit a report about its work to
17the State Board of Education, the Governor, and the General
18Assembly on or before December 31, 2021. The Commission is
19dissolved upon the submission of its report.
20    (g) This Section is repealed on January 1, 2023.
21(Source: P.A. 101-654, eff. 3-8-21.)
22    (105 ILCS 5/14A-32)
23    Sec. 14A-32. Accelerated placement; school district
25    (a) Each school district shall have a policy that allows



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1for accelerated placement that includes or incorporates by
2reference the following components:
3        (1) a provision that provides that participation in
4    accelerated placement is not limited to those children who
5    have been identified as gifted and talented, but rather is
6    open to all children who demonstrate high ability and who
7    may benefit from accelerated placement;
8        (2) a fair and equitable decision-making process that
9    involves multiple persons and includes a student's parents
10    or guardians;
11        (3) procedures for notifying parents or guardians of a
12    child of a decision affecting that child's participation
13    in an accelerated placement program; and
14        (4) an assessment process that includes multiple
15    valid, reliable indicators.
16    (a-5) By no later than the beginning of the 2023-2024
17school year, a school district's accelerated placement policy
18shall allow for the automatic enrollment, in the following
19school term, of a student into the next most rigorous level of
20advanced coursework offered by the high school if the student
21meets or exceeds State standards in English language arts,
22mathematics, or science on a State assessment administered
23under Section 2-3.64a-5 as follows:
24        (1) A student who meets or exceeds State standards in
25    English language arts shall be automatically enrolled into
26    the next most rigorous level of advanced coursework in



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1    English, social studies, humanities, or related subjects.
2        (2) A student who meets or exceeds State standards in
3    mathematics shall be automatically enrolled into the next
4    most rigorous level of advanced coursework in mathematics.
5        (3) A student who meets or exceeds State standards in
6    science shall be automatically enrolled into the next most
7    rigorous level of advanced coursework in science.
8    For a student entering grade 12, the next most rigorous
9level of advanced coursework in English language arts or
10mathematics shall be a dual credit course, as defined in the
11Dual Credit Quality Act, an Advanced Placement course, as
12defined in Section 10 of the College and Career Success for All
13Students Act, or an International Baccalaureate course;
14otherwise, the The next most rigorous level of advanced
15coursework under this subsection (a-5) may include a dual
16credit course, as defined in the Dual Credit Quality Act, an
17Advanced Placement course, as defined in Section 10 of the
18College and Career Success for All Students Act, an
19International Baccalaureate course, an honors class, an
20enrichment opportunity, a gifted program, or another program
21offered by the district.
22    A school district may use the student's most recent State
23assessment results to determine whether a student meets or
24exceeds State standards. For a student entering grade 9,
25results from the State assessment taken in grades 6 through 8
26may be used. For other high school grades, the results from a



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1locally selected, nationally normed assessment may be used
2instead of the State assessment if those results are the most
4    A school district must provide the parent or guardian of a
5student eligible for automatic enrollment under this
6subsection (a-5) with the option to instead have the student
7enroll in alternative coursework that better aligns with the
8student's postsecondary education or career goals.
9    Nothing in this subsection (a-5) may be interpreted to
10preclude other students from enrolling in advanced coursework
11per the policy of a school district.
12    (b) Further, a school district's accelerated placement
13policy may include or incorporate by reference, but need not
14be limited to, the following components:
15        (1) procedures for annually informing the community
16    at-large, including parents or guardians, community-based
17    organizations, and providers of out-of-school programs,
18    about the accelerated placement program and the methods
19    used for the identification of children eligible for
20    accelerated placement, including strategies to reach
21    groups of students and families who have been historically
22    underrepresented in accelerated placement programs and
23    advanced coursework;
24        (2) a process for referral that allows for multiple
25    referrers, including a child's parents or guardians; other
26    referrers may include licensed education professionals,



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1    the child, with the written consent of a parent or
2    guardian, a peer, through a licensed education
3    professional who has knowledge of the referred child's
4    abilities, or, in case of possible early entrance, a
5    preschool educator, pediatrician, or psychologist who
6    knows the child;
7        (3) a provision that provides that children
8    participating in an accelerated placement program and
9    their parents or guardians will be provided a written plan
10    detailing the type of acceleration the child will receive
11    and strategies to support the child;
12        (4) procedures to provide support and promote success
13    for students who are newly enrolled in an accelerated
14    placement program; and
15        (5) a process for the school district to review and
16    utilize disaggregated data on participation in an
17    accelerated placement program to address gaps among
18    demographic groups in accelerated placement opportunities.
19    (c) The State Board of Education shall adopt rules to
20determine data to be collected and disaggregated by
21demographic group regarding accelerated placement, including
22the rates of students who participate in and successfully
23complete advanced coursework, and a method of making the
24information available to the public.
25    (d) On or before November 1, 2022, following a review of
26disaggregated data on the participation and successful



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1completion rates of students enrolled in an accelerated
2placement program, each school district shall develop a plan
3to expand access to its accelerated placement program and to
4ensure the teaching capacity necessary to meet the increased
6(Source: P.A. 100-421, eff. 7-1-18; 101-654, eff. 3-8-21.)
7    (105 ILCS 5/22-90)
8    (Section scheduled to be repealed on February 1, 2023)
9    Sec. 22-90. Whole Child Task Force.
10    (a) The General Assembly makes all of the following
12        (1) The COVID-19 pandemic has exposed systemic
13    inequities in American society. Students, educators, and
14    families throughout this State have been deeply affected
15    by the pandemic, and the impact of the pandemic will be
16    felt for years to come. The negative consequences of the
17    pandemic have impacted students and communities
18    differently along the lines of race, income, language, and
19    special needs. However, students in this State faced
20    significant unmet physical health, mental health, and
21    social and emotional needs even prior to the pandemic.
22        (2) The path to recovery requires a commitment from
23    adults in this State to address our students cultural,
24    physical, emotional, and mental health needs and to
25    provide them with stronger and increased systemic support



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1    and intervention.
2        (3) It is well documented that trauma and toxic stress
3    diminish a child's ability to thrive. Forms of childhood
4    trauma and toxic stress include adverse childhood
5    experiences, systemic racism, poverty, food and housing
6    insecurity, and gender-based violence. The COVID-19
7    pandemic has exacerbated these issues and brought them
8    into focus.
9        (4) It is estimated that, overall, approximately 40%
10    of children in this State have experienced at least one
11    adverse childhood experience and approximately 10% have
12    experienced 3 or more adverse childhood experiences.
13    However, the number of adverse childhood experiences is
14    higher for Black and Hispanic children who are growing up
15    in poverty. The COVID-19 pandemic has amplified the number
16    of students who have experienced childhood trauma. Also,
17    the COVID-19 pandemic has highlighted preexisting
18    inequities in school disciplinary practices that
19    disproportionately impact Black and Brown students.
20    Research shows, for example, that girls of color are
21    disproportionately impacted by trauma, adversity, and
22    abuse, and instead of receiving the care and
23    trauma-informed support they may need, many Black girls in
24    particular face disproportionately harsh disciplinary
25    measures.
26        (5) The cumulative effects of trauma and toxic stress



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1    adversely impact the physical health of students, as well
2    as their ability to learn, form relationships, and
3    self-regulate. If left unaddressed, these effects increase
4    a student's risk for depression, alcoholism, anxiety,
5    asthma, smoking, and suicide, all of which are risks that
6    disproportionately affect Black youth and may lead to a
7    host of medical diseases as an adult. Access to infant and
8    early childhood mental health services is critical to
9    ensure the social and emotional well-being of this State's
10    youngest children, particularly those children who have
11    experienced trauma.
12        (6) Although this State enacted measures through
13    Public Act 100-105 to address the high rate of early care
14    and preschool expulsions of infants, toddlers, and
15    preschoolers and the disproportionately higher rate of
16    expulsion for Black and Hispanic children, a recent study
17    found a wide variation in the awareness, understanding,
18    and compliance with the law by providers of early
19    childhood care. Further work is needed to implement the
20    law, which includes providing training to early childhood
21    care providers to increase their understanding of the law,
22    increasing the availability and access to infant and early
23    childhood mental health services, and building aligned
24    data collection systems to better understand expulsion
25    rates and to allow for accurate reporting as required by
26    the law.



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1        (7) Many educators and schools in this State have
2    embraced and implemented evidenced-based restorative
3    justice and trauma-responsive and culturally relevant
4    practices and interventions. However, the use of these
5    interventions on students is often isolated or is
6    implemented occasionally and only if the school has the
7    appropriate leadership, resources, and partners available
8    to engage seriously in this work. It would be malpractice
9    to deny our students access to these practices and
10    interventions, especially in the aftermath of a
11    once-in-a-century pandemic.
12    (b) The Whole Child Task Force is created for the purpose
13of establishing an equitable, inclusive, safe, and supportive
14environment in all schools for every student in this State.
15The task force shall have all of the following goals, which
16means key steps have to be taken to ensure that every child in
17every school in this State has access to teachers, social
18workers, school leaders, support personnel, and others who
19have been trained in evidenced-based interventions and
20restorative practices:
21        (1) To create a common definition of a
22    trauma-responsive school, a trauma-responsive district,
23    and a trauma-responsive community.
24        (2) To outline the training and resources required to
25    create and sustain a system of support for
26    trauma-responsive schools, districts, and communities and



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1    to identify this State's role in that work, including
2    recommendations concerning options for redirecting
3    resources from school resource officers to classroom-based
4    support.
5        (3) To identify or develop a process to conduct an
6    analysis of the organizations that provide training in
7    restorative practices, implicit bias, anti-racism, and
8    trauma-responsive systems, mental health services, and
9    social and emotional services to schools.
10        (4) To provide recommendations concerning the key data
11    to be collected and reported to ensure that this State has
12    a full and accurate understanding of the progress toward
13    ensuring that all schools, including programs and
14    providers of care to pre-kindergarten children, employ
15    restorative, anti-racist, and trauma-responsive
16    strategies and practices. The data collected must include
17    information relating to the availability of trauma
18    responsive support structures in schools as well as
19    disciplinary practices employed on students in person or
20    through other means, including during remote or blended
21    learning. It should also include information on the use
22    of, and funding for, school resource officers and other
23    similar police personnel in school programs.
24        (5) To recommend an implementation timeline, including
25    the key roles, responsibilities, and resources to advance
26    this State toward a system in which every school,



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1    district, and community is progressing toward becoming
2    trauma-responsive.
3        (6) To seek input and feedback from stakeholders,
4    including parents, students, and educators, who reflect
5    the diversity of this State.
6    (c) Members of the Whole Child Task Force shall be
7appointed by the State Superintendent of Education. Members of
8this task force must represent the diversity of this State and
9possess the expertise needed to perform the work required to
10meet the goals of the task force set forth under subsection
11(a). Members of the task force shall include all of the
13        (1) One member of a statewide professional teachers'
14    organization.
15        (2) One member of another statewide professional
16    teachers' organization.
17        (3) One member who represents a school district
18    serving a community with a population of 500,000 or more.
19        (4) One member of a statewide organization
20    representing social workers.
21        (5) One member of an organization that has specific
22    expertise in trauma-responsive school practices and
23    experience in supporting schools in developing
24    trauma-responsive and restorative practices.
25        (6) One member of another organization that has
26    specific expertise in trauma-responsive school practices



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1    and experience in supporting schools in developing
2    trauma-responsive and restorative practices.
3        (7) One member of a statewide organization that
4    represents school administrators.
5        (8) One member of a statewide policy organization that
6    works to build a healthy public education system that
7    prepares all students for a successful college, career,
8    and civic life.
9        (9) One member of a statewide organization that brings
10    teachers together to identify and address issues critical
11    to student success.
12        (10) One member of the General Assembly recommended by
13    the President of the Senate.
14        (11) One member of the General Assembly recommended by
15    the Speaker of the House of Representatives.
16        (12) One member of the General Assembly recommended by
17    the Minority Leader of the Senate.
18        (13) One member of the General Assembly recommended by
19    the Minority Leader of the House of Representatives.
20        (14) One member of a civil rights organization that
21    works actively on issues regarding student support.
22        (15) One administrator from a school district that has
23    actively worked to develop a system of student support
24    that uses a trauma-informed lens.
25        (16) One educator from a school district that has
26    actively worked to develop a system of student support



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1    that uses a trauma-informed lens.
2        (17) One member of a youth-led organization.
3        (18) One member of an organization that has
4    demonstrated expertise in restorative practices.
5        (19) One member of a coalition of mental health and
6    school practitioners who assist schools in developing and
7    implementing trauma-informed and restorative strategies
8    and systems.
9        (20) One member of an organization whose mission is to
10    promote the safety, health, and economic success of
11    children, youth, and families in this State.
12        (21) One member who works or has worked as a
13    restorative justice coach or disciplinarian.
14        (22) One member who works or has worked as a social
15    worker.
16        (23) One member of the State Board of Education.
17        (24) One member who represents a statewide principals'
18    organization.
19        (25) One member who represents a statewide
20    organization of school boards.
21        (26) One member who has expertise in pre-kindergarten
22    education.
23        (27) One member who represents a school social worker
24    association.
25        (28) One member who represents an organization that
26    represents school districts in both the south suburbs and



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1    collar counties.
2        (29) One member who is a licensed clinical
3    psychologist who (A) has a doctor of philosophy in the
4    field of clinical psychology and has an appointment at an
5    independent free-standing children's hospital located in
6    Chicago, (B) serves as associate professor at a medical
7    school located in Chicago, and (C) serves as the clinical
8    director of a coalition of voluntary collaboration of
9    organizations that are committed to applying a trauma lens
10    to their efforts on behalf of families and children in the
11    State.
12        (30) One member who represents a west suburban school
13    district.
14        (31) One member from a governmental agency who has
15    expertise in child development and who is responsible for
16    coordinating early childhood mental health programs and
17    services.
18        (32) One member who has significant expertise in early
19    childhood mental health and childhood trauma.
20        (33) One member who represents an organization that
21    represents school districts in the collar counties.
22    (d) The Whole Child Task Force shall meet at the call of
23the State Superintendent of Education or his or her designee,
24who shall serve as as the chairperson. The State Board of
25Education shall provide administrative and other support to
26the task force. Members of the task force shall serve without



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2    (e) The Whole Child Task Force shall submit a report of its
3findings and recommendations to the General Assembly, the
4Illinois Legislative Black Caucus, the State Board of
5Education, and the Governor on or before February 1, 2022.
6Upon submitting its report, the task force is dissolved.
7    (f) This Section is repealed on February 1, 2023.
8(Source: P.A. 101-654, eff. 3-8-21.)
9    Section 10. The Early Intervention Services System Act is
10amended by changing Section 11 as follows:
11    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
12    Sec. 11. Individualized Family Service Plans.
13    (a) Each eligible infant or toddler and that infant's or
14toddler's family shall receive:
15        (1) timely, comprehensive, multidisciplinary
16    assessment of the unique strengths and needs of each
17    eligible infant and toddler, and assessment of the
18    concerns and priorities of the families to appropriately
19    assist them in meeting their needs and identify supports
20    and services to meet those needs; and
21        (2) a written Individualized Family Service Plan
22    developed by a multidisciplinary team which includes the
23    parent or guardian. The individualized family service plan
24    shall be based on the multidisciplinary team's assessment



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1    of the resources, priorities, and concerns of the family
2    and its identification of the supports and services
3    necessary to enhance the family's capacity to meet the
4    developmental needs of the infant or toddler, and shall
5    include the identification of services appropriate to meet
6    those needs, including the frequency, intensity, and
7    method of delivering services. During and as part of the
8    initial development of the individualized family services
9    plan, and any periodic reviews of the plan, the
10    multidisciplinary team may seek consultation from the lead
11    agency's designated experts, if any, to help determine
12    appropriate services and the frequency and intensity of
13    those services. All services in the individualized family
14    services plan must be justified by the multidisciplinary
15    assessment of the unique strengths and needs of the infant
16    or toddler and must be appropriate to meet those needs. At
17    the periodic reviews, the team shall determine whether
18    modification or revision of the outcomes or services is
19    necessary.
20    (b) The Individualized Family Service Plan shall be
21evaluated once a year and the family shall be provided a review
22of the Plan at 6 month intervals or more often where
23appropriate based on infant or toddler and family needs. The
24lead agency shall create a quality review process regarding
25Individualized Family Service Plan development and changes
26thereto, to monitor and help assure that resources are being



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1used to provide appropriate early intervention services.
2    (c) The initial evaluation and initial assessment and
3initial Plan meeting must be held within 45 days after the
4initial contact with the early intervention services system.
5The 45-day timeline does not apply for any period when the
6child or parent is unavailable to complete the initial
7evaluation, the initial assessments of the child and family,
8or the initial Plan meeting, due to exceptional family
9circumstances that are documented in the child's early
10intervention records, or when the parent has not provided
11consent for the initial evaluation or the initial assessment
12of the child despite documented, repeated attempts to obtain
13parental consent. As soon as exceptional family circumstances
14no longer exist or parental consent has been obtained, the
15initial evaluation, the initial assessment, and the initial
16Plan meeting must be completed as soon as possible. With
17parental consent, early intervention services may commence
18before the completion of the comprehensive assessment and
19development of the Plan.
20    (d) Parents must be informed that early intervention
21services shall be provided to each eligible infant and
22toddler, to the maximum extent appropriate, in the natural
23environment, which may include the home or other community
24settings. Parents shall make the final decision to accept or
25decline early intervention services. A decision to decline
26such services shall not be a basis for administrative



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1determination of parental fitness, or other findings or
2sanctions against the parents. Parameters of the Plan shall be
3set forth in rules.
4    (e) The regional intake offices shall explain to each
5family, orally and in writing, all of the following:
6        (1) That the early intervention program will pay for
7    all early intervention services set forth in the
8    individualized family service plan that are not covered or
9    paid under the family's public or private insurance plan
10    or policy and not eligible for payment through any other
11    third party payor.
12        (2) That services will not be delayed due to any rules
13    or restrictions under the family's insurance plan or
14    policy.
15        (3) That the family may request, with appropriate
16    documentation supporting the request, a determination of
17    an exemption from private insurance use under Section
18    13.25.
19        (4) That responsibility for co-payments or
20    co-insurance under a family's private insurance plan or
21    policy will be transferred to the lead agency's central
22    billing office.
23        (5) That families will be responsible for payments of
24    family fees, which will be based on a sliding scale
25    according to the State's definition of ability to pay
26    which is comparing household size and income to the



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1    sliding scale and considering out-of-pocket medical or
2    disaster expenses, and that these fees are payable to the
3    central billing office. Families who fail to provide
4    income information shall be charged the maximum amount on
5    the sliding scale.
6    (f) The individualized family service plan must state
7whether the family has private insurance coverage and, if the
8family has such coverage, must have attached to it a copy of
9the family's insurance identification card or otherwise
10include all of the following information:
11        (1) The name, address, and telephone number of the
12    insurance carrier.
13        (2) The contract number and policy number of the
14    insurance plan.
15        (3) The name, address, and social security number of
16    the primary insured.
17        (4) The beginning date of the insurance benefit year.
18    (g) A copy of the individualized family service plan must
19be provided to each enrolled provider who is providing early
20intervention services to the child who is the subject of that
22    (h) Children receiving services under this Act shall
23receive a smooth and effective transition by their third
24birthday consistent with federal regulations adopted pursuant
25to Sections 1431 through 1444 of Title 20 of the United States
26Code. Beginning January 1, 2022 July 1, 2022, children who



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1receive early intervention services prior to their third
2birthday and are found eligible for an individualized
3education program under the Individuals with Disabilities
4Education Act, 20 U.S.C. 1414(d)(1)(A), and under Section
514-8.02 of the School Code and whose birthday falls between
6May 1 and August 31 may continue to receive early intervention
7services until the beginning of the school year following
8their third birthday in order to minimize gaps in services,
9ensure better continuity of care, and align practices for the
10enrollment of preschool children with special needs to the
11enrollment practices of typically developing preschool
13(Source: P.A. 101-654, eff. 3-8-21.)