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| [ Introduced ] | [ House Amendment 001 ] |
91_HB4119eng HB4119 Engrossed LRB9112274MWmbA 1 AN ACT concerning educational services for children and 2 adolescents with mental illnesses or developmental 3 disabilities. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Mental Health and Developmental 7 Disabilities Administrative Act is amended by adding Section 8 11.3 as follows: 9 (20 ILCS 1705/11.3 new) 10 Sec. 11.3. Services for children and adolescents. 11 (a) The Department shall develop any policies necessary 12 to develop, coordinate, and ensure a coherent system for the 13 statewide delivery of services to mentally ill and 14 developmentally disabled children and adolescents. The State 15 Board of Education must provide educational services to all 16 eligible children pursuant to the School Code. 17 The Department and the State Board of Education, in 18 accordance with the Intergovernmental Cooperation Act, must 19 cooperatively provide services to a child or adolescent, 20 through 21 years of age, with mental illness or a 21 developmental disability, who is eligible for services from 22 one or both agencies. 23 (b) The Department and the State Board of Education 24 shall develop a plan in order to identify the mental health 25 and developmental disability needs of children and 26 adolescents and to process children and adolescents for 27 necessary services. The plan must include input from school 28 districts and local mental health and developmental 29 disability screening agents. 30 The Department shall enter into contractual agreements 31 with local mental health and developmental disability HB4119 Engrossed -2- LRB9112274MWmbA 1 screening agents and provide a list of those agents to the 2 State Board of Education no later than September 1, 2000 and 3 no later than February 1 of each year thereafter. The 4 Department must include in its contracts with screening 5 agents a notice and obligation clause of the screening 6 agent's obligations under this Section. 7 The Department shall develop with the State Board of 8 Education no later than September 1, 2000 a screening tool 9 for use by school districts, local screening agents, and 10 other service providers. The tool shall assist school 11 districts, local screening agents, and service providers in 12 assessing the mental health and developmental disability 13 needs of children and adolescents, in determining whether a 14 comprehensive treatment plan is needed by a child or 15 adolescent, and in determining which school districts, 16 screening agents, and service providers should participate in 17 an individualized educational program meeting authorized by 18 Section 14-8.02 of the School Code and by the federal 19 Individuals with Disabilities in Education Act. 20 (c) Contractual screening agents must work with the 21 individualized program meeting participants to determine 22 whether community-based services, including in-home services 23 and supports, are an appropriate alternative to residential 24 placement. Upon the local team's determination of the need 25 for residential services, the Department must exercise due 26 diligence to expedite the eligibility review process for that 27 individual to the extent possible. The Department must make 28 an eligibility determination within 30 calendar days after 29 receiving a completed application for an Individual Care 30 Grant. The school district, local screening agents, and 31 service providers must hold an individualized education 32 program meeting to determine the need for the residential 33 placement of an individual for educational purposes. 34 If an individual wishes to purchase developmental HB4119 Engrossed -3- LRB9112274MWmbA 1 disability services, the Department must expedite the 2 consideration process for that individual to the extent 3 possible. The Department must make a placement determination 4 within 30 calendar days after receiving all necessary 5 information. 6 (d) The Department and the State Board of Education 7 shall define, by rule, the procedures used in determining the 8 financial responsibility of each agency for services, the 9 procedures for conflict resolution, and necessary 10 reimbursement methods. 11 (e) The Department and the State Board of Education 12 shall work with the Community and Residential Services 13 Authority in resolving disputes that arise from the 14 implementation of this Section. 15 (f) The Department must designate, from its central 16 office administrative personnel, an individual to serve as a 17 liaison to the State Board of Education. The liaison must 18 regularly exchange information collected by the Department in 19 connection with residential services provided to children and 20 adolescents who are mentally ill and developmentally disabled 21 with the State Board of Education and must work with 22 administrators of the Department and the State Board of 23 Education to ensure the integration of services and 24 procedures required by this Section. 25 (g) The Department must adopt any rules necessary to 26 implement this Section. 27 Section 10. The School Code is amended by adding Section 28 2-3.30a as follows: 29 (105 ILCS 5/2-3.30a new) 30 Sec. 2-3.30a. Services for children and adolescents with 31 mental illnesses or developmental disabilities. 32 (a) The State Board of Education must assure that HB4119 Engrossed -4- LRB9112274MWmbA 1 appropriate educational services are provided by local school 2 districts to children and adolescents with mental illnesses 3 or developmental disabilities as required by Section 11.3 of 4 the Mental Health and Developmental Disabilities 5 Administrative Act. 6 (b) The State Board of Education must designate, from 7 its central office administrative personnel, an individual to 8 serve as a liaison to the Department of Human Services. The 9 liaison must regularly exchange information collected by the 10 State Board of Education in connection with residential 11 services provided to children and adolescents who are 12 mentally ill or developmentally disabled with the Department 13 of Human Services and must work with administrators of the 14 State Board and the Department of Human Services to ensure 15 the integration of services and procedures required by 16 Section 11.3 of the Mental Health and Developmental 17 Disabilities Administrative Act. 18 (c) The State Board of Education must adopt any rules 19 necessary to implement this Section and to carry out its 20 duties under Section 11.3 of the Mental Health and 21 Developmental Disabilities Administrative Act. 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.