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


Sen. Kimberly A. Lightford

Filed: 4/16/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 820 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing
5Sections 2-3.186, 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



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1    to experience a new and liberating form of education that
2    directly related to the imperatives of their lives, their
3    communities, and the Freedom Movement.
4        (2) Freedom Schools continue to demonstrate the proven
5    benefits of critical civic engagement and
6    intergenerational effects by providing historically
7    disadvantaged students, including African American
8    students and other students of color, with quality
9    instruction that fosters student confidence, critical
10    thinking, and social and emotional development.
11        (3) Freedom Schools offer culturally relevant learning
12    opportunities with the academic and social supports that
13    Black children need by utilizing quality teaching,
14    challenging and engaging curricula, wrap-around supports,
15    a positive school climate, and strong ties to family and
16    community. Freedom Schools have a clear focus on results.
17        (4) Public schools serve a foundational role in the
18    education of over 2,000,000 students in this State.
19    (b) The State Board of Education shall establish a Freedom
20School network to supplement the learning taking place in
21public schools by creating a 6-week summer program with an
22organization with a mission to improve the odds for children
23in poverty that operates Freedom Schools in multiple states
24using a research-based and multicultural curriculum for
25disenfranchised communities most affected by the opportunity
26gap and learning loss caused by the pandemic, and by expanding



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1the teaching of African American history, developing
2leadership skills, and providing an understanding of the
3tenets of the civil rights movement. The teachers in Freedom
4Schools must be from the local community, with an emphasis on
5historically disadvantaged youth, including African American
6students and other students of color, so that (i) these
7individuals have access to summer jobs and teaching
8experiences that serve as a long-term pipeline to educational
9careers and the hiring of minority educators in public
10schools, (ii) these individuals are elevated as content
11experts and community leaders, and (iii) Freedom School
12students have access to both mentorship and equitable
13educational resources.
14    (c) A Freedom School shall intentionally and imaginatively
15implement strategies that focus on all of the following:
16        (1) Racial justice and equity.
17        (2) Transparency and building trusting relationships.
18        (3) Self-determination and governance.
19        (4) Building on community strengths and community
20    wisdom.
21        (5) Utilizing current data, best practices, and
22    evidence.
23        (6) Shared leadership and collaboration.
24        (7) A reflective learning culture.
25        (8) A whole-child approach to education.
26        (9) Literacy.



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1    (d) The State Board of Education, in the establishment of
2Freedom Schools, shall strive for authentic parent and
3community engagement during the development of Freedom Schools
4and their curriculum. Authentic parent and community
5engagement includes all of the following:
6        (1) A shared responsibility that values equal
7    partnerships between families and professionals.
8        (2) Ensuring that students and families who are
9    directly impacted by Freedom School policies and practices
10    are the decision-makers in the creation, design,
11    implementation, and assessment of those policies and
12    practices.
13        (3) Genuine respect for the culture and diversity of
14    families.
15        (4) Relationships that center around the goal of
16    supporting family well-being and children's development
17    and learning.
18    (e) Subject to appropriation, the State Board of Education
19shall establish and implement a grant program to provide
20grants to public schools, public community colleges, and
21not-for-profit, community-based organizations to facilitate
22improved educational outcomes for African American Black
23students in grades pre-kindergarten through 12 in alignment
24with the integrity and practices of the Freedom School model
25established during the civil rights movement. Grant recipients
26under the program may include, but are not limited to,



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1entities that work with the Children's Defense Fund or offer
2established programs with proven results and outcomes. The
3State Board of Education shall award grants to eligible
4entities that demonstrate a likelihood of reasonable success
5in achieving the goals identified in the grant application,
6including, but not limited to, all of the following:
7        (1) Engaging, culturally relevant, and challenging
8    curricula.
9        (2) High-quality teaching.
10        (3) Wrap-around supports and opportunities.
11        (4) Positive discipline practices, such as restorative
12    justice.
13        (5) Inclusive leadership.
14    (f) The Freedom Schools Fund is created as a special fund
15in the State treasury. the Fund shall consist of
16appropriations from the General Revenue Fund, grant funds from
17the federal government, and donations from educational and
18private foundations. All money in the Fund shall be used,
19subject to appropriation, by the State Board of Education for
20the purposes of this Section and to support related
22    (g) The State Board of Education may adopt any rules
23necessary to implement this Section.
24(Source: P.A. 101-654, eff. 3-8-21.)
25    (105 ILCS 5/2-3.187)



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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 2-3.187. Inclusive American History Commission.
3    (a) The Inclusive American History Commission is created
4to provide assistance to the State Board of Education in
5revising its social science learning standards under
6subsection (a-5) of Section 2-3.25.
7    (b) The State Board of Education shall convene the
8Inclusive American History Commission to do all of the
10        (1) Review available resources for use in school
11    districts that reflect the racial and ethnic diversity of
12    this State and country. The resources identified by the
13    Commission may be posted on the State Board of Education's
14    Internet website.
15        (2) Provide guidance for each learning standard
16    developed for educators on how to ensure that instruction
17    and content are not biased to value specific cultures,
18    time periods, and experiences over other cultures, time
19    periods, and experiences.
20        (3) Develop guidance, tools, and support for
21    professional learning on how to locate and utilize
22    resources for non-dominant cultural narratives and sources
23    of historical information.
24    (c) The Commission shall consist of all of the following
26        (1) One Representative appointed by the Speaker of the



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



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1    organization that represents school librarians appointed
2    by the State Superintendent of Education.
3        (12) One member who represents a statewide
4    organization that represents principals appointed by the
5    State Superintendent of Education.
6        (13) One member who represents a statewide
7    organization that represents superintendents appointed by
8    the State Superintendent of Education.
9        (14) One member who represents a statewide
10    organization that represents school boards appointed by
11    the State Superintendent of Education.
12    Members appointed to the Commission must reflect the
13racial, ethnic, and geographic diversity of this State.
14    (d) Members of the Commission shall serve without
15compensation but may be reimbursed for reasonable expenses
16from funds appropriated to the State Board of Education for
17that purpose, including travel, subject to the rules of the
18appropriate travel control board.
19    (e) The State Board of Education shall provide
20administrative and other support to the Commission.
21    (f) The Commission must submit a report about its work to
22the State Board of Education, the Governor, and the General
23Assembly on or before December 31, 2021. The Commission is
24dissolved upon the submission of its report.
25    (g) This Section is repealed on January 1, 2023.
26(Source: P.A. 101-654, eff. 3-8-21.)



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1    (105 ILCS 5/14A-32)
2    Sec. 14A-32. Accelerated placement; school district
4    (a) Each school district shall have a policy that allows
5for accelerated placement that includes or incorporates by
6reference the following components:
7        (1) a provision that provides that participation in
8    accelerated placement is not limited to those children who
9    have been identified as gifted and talented, but rather is
10    open to all children who demonstrate high ability and who
11    may benefit from accelerated placement;
12        (2) a fair and equitable decision-making process that
13    involves multiple persons and includes a student's parents
14    or guardians;
15        (3) procedures for notifying parents or guardians of a
16    child of a decision affecting that child's participation
17    in an accelerated placement program; and
18        (4) an assessment process that includes multiple
19    valid, reliable indicators.
20    (a-5) By no later than the beginning of the 2023-2024
21school year, a school district's accelerated placement policy
22shall allow for the automatic enrollment, in the following
23school term, of a student into the next most rigorous level of
24advanced coursework offered by the high school if the student
25meets or exceeds State standards in English language arts,



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1mathematics, or science on a State assessment administered
2under Section 2-3.64a-5 as follows:
3        (1) A student who meets or exceeds State standards in
4    English language arts shall be automatically enrolled into
5    the next most rigorous level of advanced coursework in
6    English, social studies, humanities, or related subjects.
7        (2) A student who meets or exceeds State standards in
8    mathematics shall be automatically enrolled into the next
9    most rigorous level of advanced coursework in mathematics.
10        (3) A student who meets or exceeds State standards in
11    science shall be automatically enrolled into the next most
12    rigorous level of advanced coursework in science.
13    For a student entering grade 12, the next most rigorous
14level of advanced coursework in English language arts or
15mathematics shall be a dual credit course, as defined in the
16Dual Credit Quality Act, an Advanced Placement course, as
17defined in Section 10 of the College and Career Success for All
18Students Act, or an International Baccalaureate course;
19otherwise, the The next most rigorous level of advanced
20coursework under this subsection (a-5) may include a dual
21credit course, as defined in the Dual Credit Quality Act, an
22Advanced Placement course, as defined in Section 10 of the
23College and Career Success for All Students Act, an
24International Baccalaureate course, an honors class, an
25enrichment opportunity, a gifted program, or another program
26offered by the district.



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1    A school district may use the student's most recent State
2assessment results to determine whether a student meets or
3exceeds State standards. For a student entering grade 9,
4results from the State assessment taken in grades 6 through 8
5may be used. For other high school grades, the results from a
6locally selected, nationally normed assessment may be used
7instead of the State assessment if those results are the most
9    A school district must provide the parent or guardian of a
10student eligible for automatic enrollment under this
11subsection (a-5) with the option to instead have the student
12enroll in alternative coursework that better aligns with the
13student's postsecondary education or career goals.
14    Nothing in this subsection (a-5) may be interpreted to
15preclude other students from enrolling in advanced coursework
16per the policy of a school district.
17    (b) Further, a school district's accelerated placement
18policy may include or incorporate by reference, but need not
19be limited to, the following components:
20        (1) procedures for annually informing the community
21    at-large, including parents or guardians, community-based
22    organizations, and providers of out-of-school programs,
23    about the accelerated placement program and the methods
24    used for the identification of children eligible for
25    accelerated placement, including strategies to reach
26    groups of students and families who have been historically



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



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1the rates of students who participate in and successfully
2complete advanced coursework, and a method of making the
3information available to the public.
4    (d) On or before November 1, 2022, following a review of
5disaggregated data on the participation and successful
6completion rates of students enrolled in an accelerated
7placement program, each school district shall develop a plan
8to expand access to its accelerated placement program and to
9ensure the teaching capacity necessary to meet the increased
11(Source: P.A. 100-421, eff. 7-1-18; 101-654, eff. 3-8-21.)
12    (105 ILCS 5/22-90)
13    (Section scheduled to be repealed on February 1, 2023)
14    Sec. 22-90. Whole Child Task Force.
15    (a) The General Assembly makes all of the following
17        (1) The COVID-19 pandemic has exposed systemic
18    inequities in American society. Students, educators, and
19    families throughout this State have been deeply affected
20    by the pandemic, and the impact of the pandemic will be
21    felt for years to come. The negative consequences of the
22    pandemic have impacted students and communities
23    differently along the lines of race, income, language, and
24    special needs. However, students in this State faced
25    significant unmet physical health, mental health, and



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1    social and emotional needs even prior to the pandemic.
2        (2) The path to recovery requires a commitment from
3    adults in this State to address our students cultural,
4    physical, emotional, and mental health needs and to
5    provide them with stronger and increased systemic support
6    and intervention.
7        (3) It is well documented that trauma and toxic stress
8    diminish a child's ability to thrive. Forms of childhood
9    trauma and toxic stress include adverse childhood
10    experiences, systemic racism, poverty, food and housing
11    insecurity, and gender-based violence. The COVID-19
12    pandemic has exacerbated these issues and brought them
13    into focus.
14        (4) It is estimated that, overall, approximately 40%
15    of children in this State have experienced at least one
16    adverse childhood experience and approximately 10% have
17    experienced 3 or more adverse childhood experiences.
18    However, the number of adverse childhood experiences is
19    higher for Black and Hispanic children who are growing up
20    in poverty. The COVID-19 pandemic has amplified the number
21    of students who have experienced childhood trauma. Also,
22    the COVID-19 pandemic has highlighted preexisting
23    inequities in school disciplinary practices that
24    disproportionately impact Black and Brown students.
25    Research shows, for example, that girls of color are
26    disproportionately impacted by trauma, adversity, and



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



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



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



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1    of, and funding for, school resource officers and other
2    similar police personnel in school programs.
3        (5) To recommend an implementation timeline, including
4    the key roles, responsibilities, and resources to advance
5    this State toward a system in which every school,
6    district, and community is progressing toward becoming
7    trauma-responsive.
8        (6) To seek input and feedback from stakeholders,
9    including parents, students, and educators, who reflect
10    the diversity of this State.
11    (c) Members of the Whole Child Task Force shall be
12appointed by the State Superintendent of Education. Members of
13this task force must represent the diversity of this State and
14possess the expertise needed to perform the work required to
15meet the goals of the task force set forth under subsection
16(a). Members of the task force shall include all of the
18        (1) One member of a statewide professional teachers'
19    organization.
20        (2) One member of another statewide professional
21    teachers' organization.
22        (3) One member who represents a school district
23    serving a community with a population of 500,000 or more.
24        (4) One member of a statewide organization
25    representing social workers.
26        (5) One member of an organization that has specific



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



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



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1    education.
2        (27) One member who represents a school social worker
3    association.
4        (28) One member who represents an organization that
5    represents school districts in both the south suburbs and
6    collar counties.
7        (29) One member who is a licensed clinical
8    psychologist who (A) has a doctor of philosophy in the
9    field of clinical psychology and has an appointment at an
10    independent free-standing children's hospital located in
11    Chicago, (B) serves as associate professor at a medical
12    school located in Chicago, and (C) serves as the clinical
13    director of a coalition of voluntary collaboration of
14    organizations that are committed to applying a trauma lens
15    to their efforts on behalf of families and children in the
16    State.
17        (30) One member who represents a west suburban school
18    district.
19        (31) One member from a governmental agency who has
20    expertise in child development and who is responsible for
21    coordinating early childhood mental health programs and
22    services.
23        (32) One member who has significant expertise in early
24    childhood mental health and childhood trauma.
25        (33) One member who represents an organization that
26    represents school districts in the collar counties.



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1    (d) The Whole Child Task Force shall meet at the call of
2the State Superintendent of Education or his or her designee,
3who shall serve as as the chairperson. The State Board of
4Education shall provide administrative and other support to
5the task force. Members of the task force shall serve without
7    (e) The Whole Child Task Force shall submit a report of its
8findings and recommendations to the General Assembly, the
9Illinois Legislative Black Caucus, the State Board of
10Education, and the Governor on or before February 1, 2022.
11Upon submitting its report, the task force is dissolved.
12    (f) This Section is repealed on February 1, 2023.
13(Source: P.A. 101-654, eff. 3-8-21.)
14    Section 10. The Early Intervention Services System Act is
15amended by changing Section 11 as follows:
16    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
17    Sec. 11. Individualized Family Service Plans.
18    (a) Each eligible infant or toddler and that infant's or
19toddler's family shall receive:
20        (1) timely, comprehensive, multidisciplinary
21    assessment of the unique strengths and needs of each
22    eligible infant and toddler, and assessment of the
23    concerns and priorities of the families to appropriately
24    assist them in meeting their needs and identify supports



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



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1of the Plan at 6 month intervals or more often where
2appropriate based on infant or toddler and family needs. The
3lead agency shall create a quality review process regarding
4Individualized Family Service Plan development and changes
5thereto, to monitor and help assure that resources are being
6used to provide appropriate early intervention services.
7    (c) The initial evaluation and initial assessment and
8initial Plan meeting must be held within 45 days after the
9initial contact with the early intervention services system.
10The 45-day timeline does not apply for any period when the
11child or parent is unavailable to complete the initial
12evaluation, the initial assessments of the child and family,
13or the initial Plan meeting, due to exceptional family
14circumstances that are documented in the child's early
15intervention records, or when the parent has not provided
16consent for the initial evaluation or the initial assessment
17of the child despite documented, repeated attempts to obtain
18parental consent. As soon as exceptional family circumstances
19no longer exist or parental consent has been obtained, the
20initial evaluation, the initial assessment, and the initial
21Plan meeting must be completed as soon as possible. With
22parental consent, early intervention services may commence
23before the completion of the comprehensive assessment and
24development of the Plan.
25    (d) Parents must be informed that early intervention
26services shall be provided to each eligible infant and



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



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1    billing office.
2        (5) That families will be responsible for payments of
3    family fees, which will be based on a sliding scale
4    according to the State's definition of ability to pay
5    which is comparing household size and income to the
6    sliding scale and considering out-of-pocket medical or
7    disaster expenses, and that these fees are payable to the
8    central billing office. Families who fail to provide
9    income information shall be charged the maximum amount on
10    the sliding scale.
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) Children receiving services under this Act shall
2receive a smooth and effective transition by their third
3birthday consistent with federal regulations adopted pursuant
4to Sections 1431 through 1444 of Title 20 of the United States
5Code. Beginning July 1, 2022, children who receive early
6intervention services prior to their third birthday and are
7found eligible for an individualized education program under
8the Individuals with Disabilities Education Act, 20 U.S.C.
91414(d)(1)(A), and under Section 14-8.02 of the School Code
10and whose birthday falls on or after January 1 between May 1
11and August 31 may continue to receive early intervention
12services until the beginning of the school year following
13their third birthday in order to minimize gaps in services,
14ensure better continuity of care, and align practices for the
15enrollment of preschool children with special needs to the
16enrollment practices of typically developing preschool
18(Source: P.A. 101-654, eff. 3-8-21.)".