Illinois General Assembly - Full Text of Public Act 102-0209
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Public Act 102-0209


 

Public Act 0209 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0209
 
SB0820 EnrolledLRB102 04608 CMG 14627 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
2-3.186, 2-3.187, 14A-32, and 22-90 as follows:
 
    (105 ILCS 5/2-3.186)
    Sec. 2-3.186. Freedom Schools; grant program.
    (a) The General Assembly recognizes and values the
contributions that Freedom Schools make to enhance the lives
of Black students. The General Assembly makes all of the
following findings:
        (1) The fundamental goal of the Freedom Schools of the
    1960s was to provide quality education for all students,
    to motivate active civic engagement, and to empower
    disenfranchised communities. The renowned and progressive
    curriculum of Freedom Schools allowed students of all ages
    to experience a new and liberating form of education that
    directly related to the imperatives of their lives, their
    communities, and the Freedom Movement.
        (2) Freedom Schools continue to demonstrate the proven
    benefits of critical civic engagement and
    intergenerational effects by providing historically
    disadvantaged students, including African American
    students and other students of color, with quality
    instruction that fosters student confidence, critical
    thinking, and social and emotional development.
        (3) Freedom Schools offer culturally relevant learning
    opportunities with the academic and social supports that
    Black children need by utilizing quality teaching,
    challenging and engaging curricula, wrap-around supports,
    a positive school climate, and strong ties to family and
    community. Freedom Schools have a clear focus on results.
        (4) Public schools serve a foundational role in the
    education of over 2,000,000 students in this State.
    (b) The State Board of Education shall establish a Freedom
School network to supplement the learning taking place in
public schools by creating a 6-week summer program with an
organization with a mission to improve the odds for children
in poverty that operates Freedom Schools in multiple states
using a research-based and multicultural curriculum for
disenfranchised communities most affected by the opportunity
gap and learning loss caused by the pandemic, and by expanding
the teaching of African American history, developing
leadership skills, and providing an understanding of the
tenets of the civil rights movement. The teachers in Freedom
Schools must be from the local community, with an emphasis on
historically disadvantaged youth, including African American
students and other students of color, so that (i) these
individuals have access to summer jobs and teaching
experiences that serve as a long-term pipeline to educational
careers and the hiring of minority educators in public
schools, (ii) these individuals are elevated as content
experts and community leaders, and (iii) Freedom School
students have access to both mentorship and equitable
educational resources.
    (c) A Freedom School shall intentionally and imaginatively
implement strategies that focus on all of the following:
        (1) Racial justice and equity.
        (2) Transparency and building trusting relationships.
        (3) Self-determination and governance.
        (4) Building on community strengths and community
    wisdom.
        (5) Utilizing current data, best practices, and
    evidence.
        (6) Shared leadership and collaboration.
        (7) A reflective learning culture.
        (8) A whole-child approach to education.
        (9) Literacy.
    (d) The State Board of Education, in the establishment of
Freedom Schools, shall strive for authentic parent and
community engagement during the development of Freedom Schools
and their curriculum. Authentic parent and community
engagement includes all of the following:
        (1) A shared responsibility that values equal
    partnerships between families and professionals.
        (2) Ensuring that students and families who are
    directly impacted by Freedom School policies and practices
    are the decision-makers in the creation, design,
    implementation, and assessment of those policies and
    practices.
        (3) Genuine respect for the culture and diversity of
    families.
        (4) Relationships that center around the goal of
    supporting family well-being and children's development
    and learning.
    (e) Subject to appropriation, the State Board of Education
shall establish and implement a grant program to provide
grants to public schools, public community colleges, and
not-for-profit, community-based organizations to facilitate
improved educational outcomes for historically disadvantaged
students, including African American students and other
students of color Black students in grades pre-kindergarten
through 12 in alignment with the integrity and practices of
the Freedom School model established during the civil rights
movement. Grant recipients under the program may include, but
are not limited to, entities that work with the Children's
Defense Fund or offer established programs with proven results
and outcomes. The State Board of Education shall award grants
to eligible entities that demonstrate a likelihood of
reasonable success in achieving the goals identified in the
grant application, including, but not limited to, all of the
following:
        (1) Engaging, culturally relevant, and challenging
    curricula.
        (2) High-quality teaching.
        (3) Wrap-around supports and opportunities.
        (4) Positive discipline practices, such as restorative
    justice.
        (5) Inclusive leadership.
    (f) The Freedom Schools Fund is created as a special fund
in the State treasury. the Fund shall consist of
appropriations from the General Revenue Fund, grant funds from
the federal government, and donations from educational and
private foundations. All money in the Fund shall be used,
subject to appropriation, by the State Board of Education for
the purposes of this Section and to support related
activities.
    (g) The State Board of Education may adopt any rules
necessary to implement this Section.
(Source: P.A. 101-654, eff. 3-8-21.)
 
    (105 ILCS 5/2-3.187)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 2-3.187. Inclusive American History Commission.
    (a) The Inclusive American History Commission is created
to provide assistance to the State Board of Education in
revising its social science learning standards under
subsection (a-5) of Section 2-3.25.
    (b) The State Board of Education shall convene the
Inclusive American History Commission to do all of the
following:
        (1) Review available resources for use in school
    districts that reflect the racial and ethnic diversity of
    this State and country. The resources identified by the
    Commission may be posted on the State Board of Education's
    Internet website.
        (2) Provide guidance for each learning standard
    developed for educators on how to ensure that instruction
    and content are not biased to value specific cultures,
    time periods, and experiences over other cultures, time
    periods, and experiences.
        (3) Develop guidance, tools, and support for
    professional learning on how to locate and utilize
    resources for non-dominant cultural narratives and sources
    of historical information.
    (c) The Commission shall consist of all of the following
members:
        (1) One Representative appointed by the Speaker of the
    House of Representatives.
        (2) One Representative appointed by the Minority
    Leader of the House of Representatives.
        (3) One Senator appointed by the President of the
    Senate.
        (4) One Senator appointed by the Minority Leader of
    the Senate.
        (5) Two members who are history scholars appointed by
    the State Superintendent of Education.
        (6) Eight members who are teachers at schools in this
    State recommended by professional teachers' organizations
    and appointed by the State Superintendent of Education.
        (7) One representative of the State Board of Education
    appointed by the State Superintendent of Education who
    shall serve as chairperson.
        (8) One member who represents an a statewide
    organization that represents south suburban school
    districts appointed by the State Superintendent of
    Education.
        (9) One member who represents a west suburban school
    district appointed by the State Superintendent of
    Education.
        (10) One member who represents a school district
    organized under Article 34 appointed by the State
    Superintendent of Education.
        (11) One member who represents a statewide
    organization that represents school librarians appointed
    by the State Superintendent of Education.
        (12) One member who represents a statewide
    organization that represents principals appointed by the
    State Superintendent of Education.
        (13) One member who represents a statewide
    organization that represents superintendents appointed by
    the State Superintendent of Education.
        (14) One member who represents a statewide
    organization that represents school boards appointed by
    the State Superintendent of Education.
    Members appointed to the Commission must reflect the
racial, ethnic, and geographic diversity of this State.
    (d) Members of the Commission shall serve without
compensation but may be reimbursed for reasonable expenses
from funds appropriated to the State Board of Education for
that purpose, including travel, subject to the rules of the
appropriate travel control board.
    (e) The State Board of Education shall provide
administrative and other support to the Commission.
    (f) The Commission must submit a report about its work to
the State Board of Education, the Governor, and the General
Assembly on or before December 31, 2021. The Commission is
dissolved upon the submission of its report.
    (g) This Section is repealed on January 1, 2023.
(Source: P.A. 101-654, eff. 3-8-21.)
 
    (105 ILCS 5/14A-32)
    Sec. 14A-32. Accelerated placement; school district
responsibilities.
    (a) Each school district shall have a policy that allows
for accelerated placement that includes or incorporates by
reference the following components:
        (1) a provision that provides that participation in
    accelerated placement is not limited to those children who
    have been identified as gifted and talented, but rather is
    open to all children who demonstrate high ability and who
    may benefit from accelerated placement;
        (2) a fair and equitable decision-making process that
    involves multiple persons and includes a student's parents
    or guardians;
        (3) procedures for notifying parents or guardians of a
    child of a decision affecting that child's participation
    in an accelerated placement program; and
        (4) an assessment process that includes multiple
    valid, reliable indicators.
    (a-5) By no later than the beginning of the 2023-2024
school year, a school district's accelerated placement policy
shall allow for the automatic enrollment, in the following
school term, of a student into the next most rigorous level of
advanced coursework offered by the high school if the student
meets or exceeds State standards in English language arts,
mathematics, or science on a State assessment administered
under Section 2-3.64a-5 as follows:
        (1) A student who meets or exceeds State standards in
    English language arts shall be automatically enrolled into
    the next most rigorous level of advanced coursework in
    English, social studies, humanities, or related subjects.
        (2) A student who meets or exceeds State standards in
    mathematics shall be automatically enrolled into the next
    most rigorous level of advanced coursework in mathematics.
        (3) A student who meets or exceeds State standards in
    science shall be automatically enrolled into the next most
    rigorous level of advanced coursework in science.
    For a student entering grade 12, the next most rigorous
level of advanced coursework in English language arts or
mathematics shall be a dual credit course, as defined in the
Dual Credit Quality Act, an Advanced Placement course, as
defined in Section 10 of the College and Career Success for All
Students Act, or an International Baccalaureate course;
otherwise, the The next most rigorous level of advanced
coursework under this subsection (a-5) may include a dual
credit course, as defined in the Dual Credit Quality Act, an
Advanced Placement course, as defined in Section 10 of the
College and Career Success for All Students Act, an
International Baccalaureate course, an honors class, an
enrichment opportunity, a gifted program, or another program
offered by the district.
    A school district may use the student's most recent State
assessment results to determine whether a student meets or
exceeds State standards. For a student entering grade 9,
results from the State assessment taken in grades 6 through 8
may be used. For other high school grades, the results from a
locally selected, nationally normed assessment may be used
instead of the State assessment if those results are the most
recent.
    A school district must provide the parent or guardian of a
student eligible for automatic enrollment under this
subsection (a-5) with the option to instead have the student
enroll in alternative coursework that better aligns with the
student's postsecondary education or career goals.
    Nothing in this subsection (a-5) may be interpreted to
preclude other students from enrolling in advanced coursework
per the policy of a school district.
    (b) Further, a school district's accelerated placement
policy may include or incorporate by reference, but need not
be limited to, the following components:
        (1) procedures for annually informing the community
    at-large, including parents or guardians, community-based
    organizations, and providers of out-of-school programs,
    about the accelerated placement program and the methods
    used for the identification of children eligible for
    accelerated placement, including strategies to reach
    groups of students and families who have been historically
    underrepresented in accelerated placement programs and
    advanced coursework;
        (2) a process for referral that allows for multiple
    referrers, including a child's parents or guardians; other
    referrers may include licensed education professionals,
    the child, with the written consent of a parent or
    guardian, a peer, through a licensed education
    professional who has knowledge of the referred child's
    abilities, or, in case of possible early entrance, a
    preschool educator, pediatrician, or psychologist who
    knows the child;
        (3) a provision that provides that children
    participating in an accelerated placement program and
    their parents or guardians will be provided a written plan
    detailing the type of acceleration the child will receive
    and strategies to support the child;
        (4) procedures to provide support and promote success
    for students who are newly enrolled in an accelerated
    placement program; and
        (5) a process for the school district to review and
    utilize disaggregated data on participation in an
    accelerated placement program to address gaps among
    demographic groups in accelerated placement opportunities.
    (c) The State Board of Education shall adopt rules to
determine data to be collected and disaggregated by
demographic group regarding accelerated placement, including
the rates of students who participate in and successfully
complete advanced coursework, and a method of making the
information available to the public.
    (d) On or before November 1, 2022, following a review of
disaggregated data on the participation and successful
completion rates of students enrolled in an accelerated
placement program, each school district shall develop a plan
to expand access to its accelerated placement program and to
ensure the teaching capacity necessary to meet the increased
demand.
(Source: P.A. 100-421, eff. 7-1-18; 101-654, eff. 3-8-21.)
 
    (105 ILCS 5/22-90)
    (Section scheduled to be repealed on February 1, 2023)
    Sec. 22-90. Whole Child Task Force.
    (a) The General Assembly makes all of the following
findings:
        (1) The COVID-19 pandemic has exposed systemic
    inequities in American society. Students, educators, and
    families throughout this State have been deeply affected
    by the pandemic, and the impact of the pandemic will be
    felt for years to come. The negative consequences of the
    pandemic have impacted students and communities
    differently along the lines of race, income, language, and
    special needs. However, students in this State faced
    significant unmet physical health, mental health, and
    social and emotional needs even prior to the pandemic.
        (2) The path to recovery requires a commitment from
    adults in this State to address our students cultural,
    physical, emotional, and mental health needs and to
    provide them with stronger and increased systemic support
    and intervention.
        (3) It is well documented that trauma and toxic stress
    diminish a child's ability to thrive. Forms of childhood
    trauma and toxic stress include adverse childhood
    experiences, systemic racism, poverty, food and housing
    insecurity, and gender-based violence. The COVID-19
    pandemic has exacerbated these issues and brought them
    into focus.
        (4) It is estimated that, overall, approximately 40%
    of children in this State have experienced at least one
    adverse childhood experience and approximately 10% have
    experienced 3 or more adverse childhood experiences.
    However, the number of adverse childhood experiences is
    higher for Black and Hispanic children who are growing up
    in poverty. The COVID-19 pandemic has amplified the number
    of students who have experienced childhood trauma. Also,
    the COVID-19 pandemic has highlighted preexisting
    inequities in school disciplinary practices that
    disproportionately impact Black and Brown students.
    Research shows, for example, that girls of color are
    disproportionately impacted by trauma, adversity, and
    abuse, and instead of receiving the care and
    trauma-informed support they may need, many Black girls in
    particular face disproportionately harsh disciplinary
    measures.
        (5) The cumulative effects of trauma and toxic stress
    adversely impact the physical health of students, as well
    as their ability to learn, form relationships, and
    self-regulate. If left unaddressed, these effects increase
    a student's risk for depression, alcoholism, anxiety,
    asthma, smoking, and suicide, all of which are risks that
    disproportionately affect Black youth and may lead to a
    host of medical diseases as an adult. Access to infant and
    early childhood mental health services is critical to
    ensure the social and emotional well-being of this State's
    youngest children, particularly those children who have
    experienced trauma.
        (6) Although this State enacted measures through
    Public Act 100-105 to address the high rate of early care
    and preschool expulsions of infants, toddlers, and
    preschoolers and the disproportionately higher rate of
    expulsion for Black and Hispanic children, a recent study
    found a wide variation in the awareness, understanding,
    and compliance with the law by providers of early
    childhood care. Further work is needed to implement the
    law, which includes providing training to early childhood
    care providers to increase their understanding of the law,
    increasing the availability and access to infant and early
    childhood mental health services, and building aligned
    data collection systems to better understand expulsion
    rates and to allow for accurate reporting as required by
    the law.
        (7) Many educators and schools in this State have
    embraced and implemented evidenced-based restorative
    justice and trauma-responsive and culturally relevant
    practices and interventions. However, the use of these
    interventions on students is often isolated or is
    implemented occasionally and only if the school has the
    appropriate leadership, resources, and partners available
    to engage seriously in this work. It would be malpractice
    to deny our students access to these practices and
    interventions, especially in the aftermath of a
    once-in-a-century pandemic.
    (b) The Whole Child Task Force is created for the purpose
of establishing an equitable, inclusive, safe, and supportive
environment in all schools for every student in this State.
The task force shall have all of the following goals, which
means key steps have to be taken to ensure that every child in
every school in this State has access to teachers, social
workers, school leaders, support personnel, and others who
have been trained in evidenced-based interventions and
restorative practices:
        (1) To create a common definition of a
    trauma-responsive school, a trauma-responsive district,
    and a trauma-responsive community.
        (2) To outline the training and resources required to
    create and sustain a system of support for
    trauma-responsive schools, districts, and communities and
    to identify this State's role in that work, including
    recommendations concerning options for redirecting
    resources from school resource officers to classroom-based
    support.
        (3) To identify or develop a process to conduct an
    analysis of the organizations that provide training in
    restorative practices, implicit bias, anti-racism, and
    trauma-responsive systems, mental health services, and
    social and emotional services to schools.
        (4) To provide recommendations concerning the key data
    to be collected and reported to ensure that this State has
    a full and accurate understanding of the progress toward
    ensuring that all schools, including programs and
    providers of care to pre-kindergarten children, employ
    restorative, anti-racist, and trauma-responsive
    strategies and practices. The data collected must include
    information relating to the availability of trauma
    responsive support structures in schools as well as
    disciplinary practices employed on students in person or
    through other means, including during remote or blended
    learning. It should also include information on the use
    of, and funding for, school resource officers and other
    similar police personnel in school programs.
        (5) To recommend an implementation timeline, including
    the key roles, responsibilities, and resources to advance
    this State toward a system in which every school,
    district, and community is progressing toward becoming
    trauma-responsive.
        (6) To seek input and feedback from stakeholders,
    including parents, students, and educators, who reflect
    the diversity of this State.
    (c) Members of the Whole Child Task Force shall be
appointed by the State Superintendent of Education. Members of
this task force must represent the diversity of this State and
possess the expertise needed to perform the work required to
meet the goals of the task force set forth under subsection
(a). Members of the task force shall include all of the
following:
        (1) One member of a statewide professional teachers'
    organization.
        (2) One member of another statewide professional
    teachers' organization.
        (3) One member who represents a school district
    serving a community with a population of 500,000 or more.
        (4) One member of a statewide organization
    representing social workers.
        (5) One member of an organization that has specific
    expertise in trauma-responsive school practices and
    experience in supporting schools in developing
    trauma-responsive and restorative practices.
        (6) One member of another organization that has
    specific expertise in trauma-responsive school practices
    and experience in supporting schools in developing
    trauma-responsive and restorative practices.
        (7) One member of a statewide organization that
    represents school administrators.
        (8) One member of a statewide policy organization that
    works to build a healthy public education system that
    prepares all students for a successful college, career,
    and civic life.
        (9) One member of a statewide organization that brings
    teachers together to identify and address issues critical
    to student success.
        (10) One member of the General Assembly recommended by
    the President of the Senate.
        (11) One member of the General Assembly recommended by
    the Speaker of the House of Representatives.
        (12) One member of the General Assembly recommended by
    the Minority Leader of the Senate.
        (13) One member of the General Assembly recommended by
    the Minority Leader of the House of Representatives.
        (14) One member of a civil rights organization that
    works actively on issues regarding student support.
        (15) One administrator from a school district that has
    actively worked to develop a system of student support
    that uses a trauma-informed lens.
        (16) One educator from a school district that has
    actively worked to develop a system of student support
    that uses a trauma-informed lens.
        (17) One member of a youth-led organization.
        (18) One member of an organization that has
    demonstrated expertise in restorative practices.
        (19) One member of a coalition of mental health and
    school practitioners who assist schools in developing and
    implementing trauma-informed and restorative strategies
    and systems.
        (20) One member of an organization whose mission is to
    promote the safety, health, and economic success of
    children, youth, and families in this State.
        (21) One member who works or has worked as a
    restorative justice coach or disciplinarian.
        (22) One member who works or has worked as a social
    worker.
        (23) One member of the State Board of Education.
        (24) One member who represents a statewide principals'
    organization.
        (25) One member who represents a statewide
    organization of school boards.
        (26) One member who has expertise in pre-kindergarten
    education.
        (27) One member who represents a school social worker
    association.
        (28) One member who represents an organization that
    represents school districts in both the south suburbs and
    collar counties.
        (29) One member who is a licensed clinical
    psychologist who (A) has a doctor of philosophy in the
    field of clinical psychology and has an appointment at an
    independent free-standing children's hospital located in
    Chicago, (B) serves as associate professor at a medical
    school located in Chicago, and (C) serves as the clinical
    director of a coalition of voluntary collaboration of
    organizations that are committed to applying a trauma lens
    to their efforts on behalf of families and children in the
    State.
        (30) One member who represents a west suburban school
    district.
        (31) One member from a governmental agency who has
    expertise in child development and who is responsible for
    coordinating early childhood mental health programs and
    services.
        (32) One member who has significant expertise in early
    childhood mental health and childhood trauma.
        (33) One member who represents an organization that
    represents school districts in the collar counties.
    (d) The Whole Child Task Force shall meet at the call of
the State Superintendent of Education or his or her designee,
who shall serve as as the chairperson. The State Board of
Education shall provide administrative and other support to
the task force. Members of the task force shall serve without
compensation.
    (e) The Whole Child Task Force shall submit a report of its
findings and recommendations to the General Assembly, the
Illinois Legislative Black Caucus, the State Board of
Education, and the Governor on or before February 1, 2022.
Upon submitting its report, the task force is dissolved.
    (f) This Section is repealed on February 1, 2023.
(Source: P.A. 101-654, eff. 3-8-21.)
 
    Section 10. The Early Intervention Services System Act is
amended by changing Section 11 as follows:
 
    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
    Sec. 11. Individualized Family Service Plans.
    (a) Each eligible infant or toddler and that infant's or
toddler's family shall receive:
        (1) timely, comprehensive, multidisciplinary
    assessment of the unique strengths and needs of each
    eligible infant and toddler, and assessment of the
    concerns and priorities of the families to appropriately
    assist them in meeting their needs and identify supports
    and services to meet those needs; and
        (2) a written Individualized Family Service Plan
    developed by a multidisciplinary team which includes the
    parent or guardian. The individualized family service plan
    shall be based on the multidisciplinary team's assessment
    of the resources, priorities, and concerns of the family
    and its identification of the supports and services
    necessary to enhance the family's capacity to meet the
    developmental needs of the infant or toddler, and shall
    include the identification of services appropriate to meet
    those needs, including the frequency, intensity, and
    method of delivering services. During and as part of the
    initial development of the individualized family services
    plan, and any periodic reviews of the plan, the
    multidisciplinary team may seek consultation from the lead
    agency's designated experts, if any, to help determine
    appropriate services and the frequency and intensity of
    those services. All services in the individualized family
    services plan must be justified by the multidisciplinary
    assessment of the unique strengths and needs of the infant
    or toddler and must be appropriate to meet those needs. At
    the periodic reviews, the team shall determine whether
    modification or revision of the outcomes or services is
    necessary.
    (b) The Individualized Family Service Plan shall be
evaluated once a year and the family shall be provided a review
of the Plan at 6 month intervals or more often where
appropriate based on infant or toddler and family needs. The
lead agency shall create a quality review process regarding
Individualized Family Service Plan development and changes
thereto, to monitor and help assure that resources are being
used to provide appropriate early intervention services.
    (c) The initial evaluation and initial assessment and
initial Plan meeting must be held within 45 days after the
initial contact with the early intervention services system.
The 45-day timeline does not apply for any period when the
child or parent is unavailable to complete the initial
evaluation, the initial assessments of the child and family,
or the initial Plan meeting, due to exceptional family
circumstances that are documented in the child's early
intervention records, or when the parent has not provided
consent for the initial evaluation or the initial assessment
of the child despite documented, repeated attempts to obtain
parental consent. As soon as exceptional family circumstances
no longer exist or parental consent has been obtained, the
initial evaluation, the initial assessment, and the initial
Plan meeting must be completed as soon as possible. With
parental consent, early intervention services may commence
before the completion of the comprehensive assessment and
development of the Plan.
    (d) Parents must be informed that early intervention
services shall be provided to each eligible infant and
toddler, to the maximum extent appropriate, in the natural
environment, which may include the home or other community
settings. Parents shall make the final decision to accept or
decline early intervention services. A decision to decline
such services shall not be a basis for administrative
determination of parental fitness, or other findings or
sanctions against the parents. Parameters of the Plan shall be
set forth in rules.
    (e) The regional intake offices shall explain to each
family, orally and in writing, all of the following:
        (1) That the early intervention program will pay for
    all early intervention services set forth in the
    individualized family service plan that are not covered or
    paid under the family's public or private insurance plan
    or policy and not eligible for payment through any other
    third party payor.
        (2) That services will not be delayed due to any rules
    or restrictions under the family's insurance plan or
    policy.
        (3) That the family may request, with appropriate
    documentation supporting the request, a determination of
    an exemption from private insurance use under Section
    13.25.
        (4) That responsibility for co-payments or
    co-insurance under a family's private insurance plan or
    policy will be transferred to the lead agency's central
    billing office.
        (5) That families will be responsible for payments of
    family fees, which will be based on a sliding scale
    according to the State's definition of ability to pay
    which is comparing household size and income to the
    sliding scale and considering out-of-pocket medical or
    disaster expenses, and that these fees are payable to the
    central billing office. Families who fail to provide
    income information shall be charged the maximum amount on
    the sliding scale.
    (f) The individualized family service plan must state
whether the family has private insurance coverage and, if the
family has such coverage, must have attached to it a copy of
the family's insurance identification card or otherwise
include all of the following information:
        (1) The name, address, and telephone number of the
    insurance carrier.
        (2) The contract number and policy number of the
    insurance plan.
        (3) The name, address, and social security number of
    the primary insured.
        (4) The beginning date of the insurance benefit year.
    (g) A copy of the individualized family service plan must
be provided to each enrolled provider who is providing early
intervention services to the child who is the subject of that
plan.
    (h) Children receiving services under this Act shall
receive a smooth and effective transition by their third
birthday consistent with federal regulations adopted pursuant
to Sections 1431 through 1444 of Title 20 of the United States
Code. Beginning January 1, 2022 July 1, 2022, children who
receive early intervention services prior to their third
birthday and are found eligible for an individualized
education program under the Individuals with Disabilities
Education Act, 20 U.S.C. 1414(d)(1)(A), and under Section
14-8.02 of the School Code and whose birthday falls between
May 1 and August 31 may continue to receive early intervention
services until the beginning of the school year following
their third birthday in order to minimize gaps in services,
ensure better continuity of care, and align practices for the
enrollment of preschool children with special needs to the
enrollment practices of typically developing preschool
children.
(Source: P.A. 101-654, eff. 3-8-21.)

Effective Date: 1/1/2022