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


Sen. Kimberly A. Lightford

Filed: 4/20/2021





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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 historically disadvantaged
23students, including African American students and other
24students of color Black students in grades pre-kindergarten
25through 12 in alignment with the integrity and practices of
26the Freedom School model established during the civil rights



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



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1    (105 ILCS 5/2-3.187)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 2-3.187. Inclusive American History Commission.
4    (a) The Inclusive American History Commission is created
5to provide assistance to the State Board of Education in
6revising its social science learning standards under
7subsection (a-5) of Section 2-3.25.
8    (b) The State Board of Education shall convene the
9Inclusive American History Commission to do all of the
11        (1) Review available resources for use in school
12    districts that reflect the racial and ethnic diversity of
13    this State and country. The resources identified by the
14    Commission may be posted on the State Board of Education's
15    Internet website.
16        (2) Provide guidance for each learning standard
17    developed for educators on how to ensure that instruction
18    and content are not biased to value specific cultures,
19    time periods, and experiences over other cultures, time
20    periods, and experiences.
21        (3) Develop guidance, tools, and support for
22    professional learning on how to locate and utilize
23    resources for non-dominant cultural narratives and sources
24    of historical information.
25    (c) The Commission shall consist of all of the following



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



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



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1    (g) This Section is repealed on January 1, 2023.
2(Source: P.A. 101-654, eff. 3-8-21.)
3    (105 ILCS 5/14A-32)
4    Sec. 14A-32. Accelerated placement; school district
6    (a) Each school district shall have a policy that allows
7for accelerated placement that includes or incorporates by
8reference the following components:
9        (1) a provision that provides that participation in
10    accelerated placement is not limited to those children who
11    have been identified as gifted and talented, but rather is
12    open to all children who demonstrate high ability and who
13    may benefit from accelerated placement;
14        (2) a fair and equitable decision-making process that
15    involves multiple persons and includes a student's parents
16    or guardians;
17        (3) procedures for notifying parents or guardians of a
18    child of a decision affecting that child's participation
19    in an accelerated placement program; and
20        (4) an assessment process that includes multiple
21    valid, reliable indicators.
22    (a-5) By no later than the beginning of the 2023-2024
23school year, a school district's accelerated placement policy
24shall allow for the automatic enrollment, in the following
25school term, of a student into the next most rigorous level of



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



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



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



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1determine data to be collected and disaggregated by
2demographic group regarding accelerated placement, including
3the rates of students who participate in and successfully
4complete advanced coursework, and a method of making the
5information available to the public.
6    (d) On or before November 1, 2022, following a review of
7disaggregated data on the participation and successful
8completion rates of students enrolled in an accelerated
9placement program, each school district shall develop a plan
10to expand access to its accelerated placement program and to
11ensure the teaching capacity necessary to meet the increased
13(Source: P.A. 100-421, eff. 7-1-18; 101-654, eff. 3-8-21.)
14    (105 ILCS 5/22-90)
15    (Section scheduled to be repealed on February 1, 2023)
16    Sec. 22-90. Whole Child Task Force.
17    (a) The General Assembly makes all of the following
19        (1) The COVID-19 pandemic has exposed systemic
20    inequities in American society. Students, educators, and
21    families throughout this State have been deeply affected
22    by the pandemic, and the impact of the pandemic will be
23    felt for years to come. The negative consequences of the
24    pandemic have impacted students and communities
25    differently along the lines of race, income, language, and



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



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



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



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



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1    through other means, including during remote or blended
2    learning. It should also include information on the use
3    of, and funding for, school resource officers and other
4    similar police personnel in school programs.
5        (5) To recommend an implementation timeline, including
6    the key roles, responsibilities, and resources to advance
7    this State toward a system in which every school,
8    district, and community is progressing toward becoming
9    trauma-responsive.
10        (6) To seek input and feedback from stakeholders,
11    including parents, students, and educators, who reflect
12    the diversity of this State.
13    (c) Members of the Whole Child Task Force shall be
14appointed by the State Superintendent of Education. Members of
15this task force must represent the diversity of this State and
16possess the expertise needed to perform the work required to
17meet the goals of the task force set forth under subsection
18(a). Members of the task force shall include all of the
20        (1) One member of a statewide professional teachers'
21    organization.
22        (2) One member of another statewide professional
23    teachers' organization.
24        (3) One member who represents a school district
25    serving a community with a population of 500,000 or more.
26        (4) One member of a statewide organization



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



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



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



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1        (33) One member who represents an organization that
2    represents school districts in the collar counties.
3    (d) The Whole Child Task Force shall meet at the call of
4the State Superintendent of Education or his or her designee,
5who shall serve as as the chairperson. The State Board of
6Education shall provide administrative and other support to
7the task force. Members of the task force shall serve without
9    (e) The Whole Child Task Force shall submit a report of its
10findings and recommendations to the General Assembly, the
11Illinois Legislative Black Caucus, the State Board of
12Education, and the Governor on or before February 1, 2022.
13Upon submitting its report, the task force is dissolved.
14    (f) This Section is repealed on February 1, 2023.
15(Source: P.A. 101-654, eff. 3-8-21.)
16    Section 10. The Early Intervention Services System Act is
17amended by changing Section 11 as follows:
18    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
19    Sec. 11. Individualized Family Service Plans.
20    (a) Each eligible infant or toddler and that infant's or
21toddler's family shall receive:
22        (1) timely, comprehensive, multidisciplinary
23    assessment of the unique strengths and needs of each
24    eligible infant and toddler, and assessment of the



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



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



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



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1    co-insurance under a family's private insurance plan or
2    policy will be transferred to the lead agency's central
3    billing office.
4        (5) That families will be responsible for payments of
5    family fees, which will be based on a sliding scale
6    according to the State's definition of ability to pay
7    which is comparing household size and income to the
8    sliding scale and considering out-of-pocket medical or
9    disaster expenses, and that these fees are payable to the
10    central billing office. Families who fail to provide
11    income information shall be charged the maximum amount on
12    the sliding scale.
13    (f) The individualized family service plan must state
14whether the family has private insurance coverage and, if the
15family has such coverage, must have attached to it a copy of
16the family's insurance identification card or otherwise
17include all of the following information:
18        (1) The name, address, and telephone number of the
19    insurance carrier.
20        (2) The contract number and policy number of the
21    insurance plan.
22        (3) The name, address, and social security number of
23    the primary insured.
24        (4) The beginning date of the insurance benefit year.
25    (g) A copy of the individualized family service plan must
26be provided to each enrolled provider who is providing early



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1intervention services to the child who is the subject of that
3    (h) Children receiving services under this Act shall
4receive a smooth and effective transition by their third
5birthday consistent with federal regulations adopted pursuant
6to Sections 1431 through 1444 of Title 20 of the United States
7Code. Beginning January 1, 2022 July 1, 2022, children who
8receive early intervention services prior to their third
9birthday and are found eligible for an individualized
10education program under the Individuals with Disabilities
11Education Act, 20 U.S.C. 1414(d)(1)(A), and under Section
1214-8.02 of the School Code and whose birthday falls between
13May 1 and August 31 may continue to receive early intervention
14services until the beginning of the school year following
15their third birthday in order to minimize gaps in services,
16ensure better continuity of care, and align practices for the
17enrollment of preschool children with special needs to the
18enrollment practices of typically developing preschool
20(Source: P.A. 101-654, eff. 3-8-21.)".