Bill Text: IL HB4716 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Early Intervention Services System Act. Changes the definition of the term "eligible infants and toddlers" to mean infants and toddlers under 60 (rather than 36) months of age with any of the specified conditions. Provides that an eligible infant or toddler's individualized family service plan shall serve as the child's individualized educational plan (IEP) until an IEP is developed and implementation of IEP services is commenced, if an IEP is not developed and implemented for the child by the child's 3rd birthday. Provides that the individualized family service plan may be modified by agreement between the local educational agency and the parents. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4716 Detail]

Download: Illinois-2011-HB4716-Amended.html

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Rep. Robyn Gabel

Filed: 3/2/2012

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AMENDMENT TO HOUSE BILL 4716
AMENDMENT NO. ______. Amend House Bill 4716 by replacing
everything after the enacting clause with the following:
"Section 5. The Early Intervention Services System Act is
amended by changing Sections 3, 4, 7, 8, and 11 as follows:
(325 ILCS 20/3) (from Ch. 23, par. 4153)
Sec. 3. Definitions. As used in this Act:
(a) "Eligible infants and toddlers" means infants and
toddlers under 36 months of age with any of the following
conditions:
(1) Developmental delays.
(2) A physical or mental condition which typically
results in developmental delay.
(3) Being at risk of having substantial developmental
delays based on informed clinical judgment.
(4) Either (A) having entered the program under any of

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the circumstances listed in paragraphs (1) through (3) of
this subsection but no longer meeting the current
eligibility criteria under those paragraphs, and
continuing to have any measurable delay, or (B) not having
attained a level of development in each area, including (i)
cognitive, (ii) physical (including vision and hearing),
(iii) language, speech, and communication, (iv)
psycho-social, or (v) self-help skills, that is at least at
the mean of the child's age equivalent peers; and, in
addition to either item (A) or item (B), (C) having been
determined by the multidisciplinary individualized family
service plan team to require the continuation of early
intervention services in order to support continuing
developmental progress, pursuant to the child's needs and
provided in an appropriate developmental manner. The type,
frequency, and intensity of services shall differ from the
initial individualized family services plan because of the
child's developmental progress, and may consist of only
service coordination, evaluation, and assessments.
(b) "Developmental delay" means a delay in one or more of
the following areas of childhood development as measured by
appropriate diagnostic instruments and standard procedures:
cognitive; physical, including vision and hearing; language,
speech and communication; psycho-social; or self-help skills.
The term means a delay of 30% or more below the mean in
function in one or more of those areas.

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(c) "Physical or mental condition which typically results
in developmental delay" means:
(1) a diagnosed medical disorder bearing a relatively
well known expectancy for developmental outcomes within
varying ranges of developmental disabilities; or
(2) a history of prenatal, perinatal, neonatal or early
developmental events suggestive of biological insults to
the developing central nervous system and which either
singly or collectively increase the probability of
developing a disability or delay based on a medical
history.
(d) "Informed clinical judgment" means both clinical
observations and parental participation to determine
eligibility by a consensus of a multidisciplinary team of 2 or
more members based on their professional experience and
expertise.
(e) "Early intervention services" means services which:
(1) are designed to meet the developmental needs of
each child eligible under this Act and the needs of his or
her family;
(2) are selected in collaboration with the child's
family;
(3) are provided under public supervision;
(4) are provided at no cost except where a schedule of
sliding scale fees or other system of payments by families
has been adopted in accordance with State and federal law;

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(5) are designed to meet an infant's or toddler's
developmental needs in any of the following areas:
(A) physical development, including vision and
hearing,
(B) cognitive development,
(C) communication development,
(D) social or emotional development, or
(E) adaptive development;
(6) meet the standards of the State, including the
requirements of this Act;
(7) include one or more of the following:
(A) family training,
(B) social work services, including counseling,
and home visits,
(C) special instruction,
(D) speech, language pathology and audiology,
(E) occupational therapy,
(F) physical therapy,
(G) psychological services,
(H) service coordination services,
(I) medical services only for diagnostic or
evaluation purposes,
(J) early identification, screening, and
assessment services,
(K) health services specified by the lead agency as
necessary to enable the infant or toddler to benefit

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from the other early intervention services,
(L) vision services,
(M) transportation, and
(N) assistive technology devices and services;
(8) are provided by qualified personnel, including but
not limited to:
(A) child development specialists or special
educators,
(B) speech and language pathologists and
audiologists,
(C) occupational therapists,
(D) physical therapists,
(E) social workers,
(F) nurses,
(G) nutritionists,
(H) optometrists,
(I) psychologists, and
(J) physicians;
(9) are provided in conformity with an Individualized
Family Service Plan;
(10) are provided throughout the year; and
(11) are provided in natural environments, to the
maximum extent appropriate, which may include including
the home and community settings, unless justification is
provided consistent with federal regulations adopted under
Sections 1431 through 1444 of Title 20 of the United States

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Code in which infants and toddlers without disabilities
would participate to the extent determined by the
multidisciplinary Individualized Family Service Plan.
(f) "Individualized Family Service Plan" or "Plan" means a
written plan for providing early intervention services to a
child eligible under this Act and the child's family, as set
forth in Section 11.
(g) "Local interagency agreement" means an agreement
entered into by local community and State and regional agencies
receiving early intervention funds directly from the State and
made in accordance with State interagency agreements providing
for the delivery of early intervention services within a local
community area.
(h) "Council" means the Illinois Interagency Council on
Early Intervention established under Section 4.
(i) "Lead agency" means the State agency responsible for
administering this Act and receiving and disbursing public
funds received in accordance with State and federal law and
rules.
(i-5) "Central billing office" means the central billing
office created by the lead agency under Section 13.
(j) "Child find" means a service which identifies eligible
infants and toddlers.
(k) "Regional intake entity" means the lead agency's
designated entity responsible for implementation of the Early
Intervention Services System within its designated geographic

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area.
(l) "Early intervention provider" means an individual who
is qualified, as defined by the lead agency, to provide one or
more types of early intervention services, and who has enrolled
as a provider in the early intervention program.
(m) "Fully credentialed early intervention provider" means
an individual who has met the standards in the State applicable
to the relevant profession, and has met such other
qualifications as the lead agency has determined are suitable
for personnel providing early intervention services, including
pediatric experience, education, and continuing education. The
lead agency shall establish these qualifications by rule filed
no later than 180 days after the effective date of this
amendatory Act of the 92nd General Assembly.
(Source: P.A. 92-307, 8-9-01; 93-124, eff. 7-10-03.)
(325 ILCS 20/4) (from Ch. 23, par. 4154)
Sec. 4. Illinois Interagency Council on Early
Intervention.
(a) There is established the Illinois Interagency Council
on Early Intervention. The Council shall be composed of at
least 15 but not more than 25 members. The members of the
Council and the designated chairperson of the Council shall be
appointed by the Governor. The Council member representing the
lead agency may not serve as chairperson of the Council. The
Council shall be composed of the following members:

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(1) The Secretary of Human Services (or his or her
designee) and one 2 additional representative
representatives of the Department of Human Services
designated by the Secretary, plus the Directors (or their
designees) of the following State agencies involved in the
provision of or payment for early intervention services to
eligible infants and toddlers and their families:
(A) Illinois State Board of Education;
(B) (Blank);
(C) (Blank);
(D) Illinois Department of Children and Family
Services;
(E) University of Illinois Division of Specialized
Care for Children;
(F) Illinois Department of Healthcare and Family
Services;
(G) Illinois Department of Public Health;
(H) (Blank);
(I) Illinois Planning Council on Developmental
Disabilities; and
(A) (J) Illinois Department of Insurance; and .
(B) Department of Healthcare and Family Services.
(2) Other members as follows:
(A) At least 20% of the members of the Council
shall be parents, including minority parents, of
infants or toddlers with disabilities or children with

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disabilities aged 12 or younger, with knowledge of, or
experience with, programs for infants and toddlers
with disabilities. At least one such member shall be a
parent of an infant or toddler with a disability or a
child with a disability aged 6 or younger;
(B) At least 20% of the members of the Council
shall be public or private providers of early
intervention services;
(C) One member shall be a representative of the
General Assembly; and
(D) One member shall be involved in the preparation
of professional personnel to serve infants and
toddlers similar to those eligible for services under
this Act; .
(E) Two members shall be from advocacy
organizations with expertise in improving health,
development, and educational outcomes for infants and
toddlers with disabilities;
(F) One member shall be a Child and Family
Connections manager from a rural district;
(G) One member shall be a Child and Family
Connections manager from an urban district;
(H) One member shall be the co-chair of the
Illinois Early Learning Council (or his or her
designee); and
(I) Members representing the following agencies or

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entities: the State Board of Education, the Department
of Public Health, the Department of Children and Family
Services, the University of Illinois Division of
Specialized Care for Children; the Illinois Council on
Developmental Disabilities; Head Start or Early Head
Start; and the Illinois Children's Mental Health
Partnership. A member may represent one or more of the
listed agencies or entities.
The Council shall meet at least quarterly and in such
places as it deems necessary. Terms of the initial members
appointed under paragraph (2) shall be determined by lot at the
first Council meeting as follows: of the persons appointed
under subparagraphs (A) and (B), one-third shall serve one year
terms, one-third shall serve 2 year terms, and one-third shall
serve 3 year terms; and of the persons appointed under
subparagraphs (C) and (D), one shall serve a 2 year term and
one shall serve a 3 year term. Thereafter, successors appointed
under paragraph (2) shall serve 3 year terms. Once appointed,
members shall continue to serve until their successors are
appointed. No member shall be appointed to serve more than 2
consecutive terms.
Council members shall serve without compensation but shall
be reimbursed for reasonable costs incurred in the performance
of their duties, including costs related to child care, and
parents may be paid a stipend in accordance with applicable
requirements.

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The Council shall prepare and approve a budget using funds
appropriated for the purpose to hire staff, and obtain the
services of such professional, technical, and clerical
personnel as may be necessary to carry out its functions under
this Act. This funding support and staff shall be directed by
the lead agency.
(b) The Council shall:
(1) advise and assist the lead agency in the
performance of its responsibilities including but not
limited to the identification of sources of fiscal and
other support services for early intervention programs,
and the promotion of interagency agreements which assign
financial responsibility to the appropriate agencies;
(2) advise and assist the lead agency in the
preparation of applications and amendments to
applications;
(3) review and advise on relevant regulations and
standards proposed by the related State agencies;
(4) advise and assist the lead agency in the
development, implementation and evaluation of the
comprehensive early intervention services system; and
(5) prepare and submit an annual report to the Governor
and to the General Assembly on the status of early
intervention programs for eligible infants and toddlers
and their families in Illinois. The annual report shall
include (i) the estimated number of eligible infants and

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toddlers in this State, (ii) the number of eligible infants
and toddlers who have received services under this Act and
the cost of providing those services, (iii) the estimated
cost of providing services under this Act to all eligible
infants and toddlers in this State, and (iv) data and other
information as is requested to be included by the
Legislative Advisory Committee established under Section
13.50 of this Act. The report shall be posted by the lead
agency on the early intervention website as required under
paragraph (f) of Section 5 of this Act; and .
(6) coordinate and collaborate with the Illinois Early
Learning Council and, as appropriate, other State advisory
councils and initiatives on early learning.
No member of the Council shall cast a vote on or
participate substantially in any matter which would provide a
direct financial benefit to that member or otherwise give the
appearance of a conflict of interest under State law. All
provisions and reporting requirements of the Illinois
Governmental Ethics Act shall apply to Council members.
(Source: P.A. 95-331, eff. 8-21-07.)
(325 ILCS 20/7) (from Ch. 23, par. 4157)
Sec. 7. Essential Components of the Statewide Service
System. As required by federal laws and regulations, a
statewide system of coordinated, comprehensive, interagency
and interdisciplinary programs shall be established and

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maintained. The framework of the statewide system shall be
based on the components set forth in this Section. This
framework shall be used for planning, implementation,
coordination and evaluation of the statewide system of locally
based early intervention services.
The statewide system shall include, at a minimum:
(a) a definition of the term "developmentally
delayed", in accordance with the definition in Section 3,
that will be used in Illinois in carrying out programs
under this Act;
(b) timetables for ensuring that appropriate early
intervention services will be available to all eligible
infants and toddlers in this State after the effective date
of this Act;
(c) a timely, comprehensive and interdisciplinary
evaluation of the functioning of each infant and toddler
with suspected disabilities in this State and the concerns,
priorities and resource needs of the families to
appropriately assist in the development of the infant and
toddler with disabilities;
(d) for each eligible infant and toddler, an
Individualized Family Service Plan, including case
management services;
(e) a comprehensive child find system, consistent with
Part B of the Individuals with Disabilities Education Act
(20 United States Code 1411 through 1420), which provides

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for referring an infant or toddler as soon as possible, but
in no case more than 2 working days after the child has
been identified includes timelines and provides for
participation by primary referral sources;
(f) a public awareness program focusing on early
identification of eligible infants and toddlers;
(g) a central directory which includes early
intervention services, resources, and experts available in
this State and early intervention research and
demonstration projects being conducted in this State;
(h) a comprehensive system of personnel development;
(i) a policy pertaining to the contracting or making of
other arrangements with public and private service
providers to provide early intervention services in this
State, consistent with the provisions of this Act,
including the contents of the application used and the
conditions of the contract or other arrangements;
(j) a procedure for securing timely reimbursement of
funds;
(k) procedural safeguards with respect to programs
under this Act;
(l) policies and procedures relating to the
establishment and maintenance of standards to ensure that
personnel necessary to carry out this Act are appropriately
and adequately prepared and trained;
(m) a system of evaluation of, and compliance with,

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program standards;
(n) a system for compiling data on the numbers of
eligible infants and toddlers and their families in this
State in need of appropriate early intervention services;
the numbers served; the types of services provided; and
other information required by the State or federal
government; and
(o) a single line of responsibility in a lead agency
designated by the Governor to carry out its
responsibilities as required by this Act.
In addition to these required components, linkages may be
established within a local community area among the prenatal
initiatives affording services to high risk pregnant women.
Additional linkages among at risk programs and local literacy
programs may also be established.
Within 60 days of the effective date of this Act, a
five-fiscal-year implementation plan shall be submitted to the
Governor by the lead agency with the concurrence of the
Interagency Council on Early Intervention. The plan shall list
specific activities to be accomplished each year, with cost
estimates for each activity. No later than the second Monday in
July of each year thereafter, the lead agency shall, with the
concurrence of the Interagency Council, submit to the
Governor's Office a report on accomplishments of the previous
year and a revised list of activities for the remainder of the
five-fiscal-year plan, with cost estimates for each. The

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Governor shall certify that specific activities in the plan for
the previous year have been substantially completed before
authorizing relevant State or local agencies to implement
activities listed in the revised plan that depend substantially
upon completion of one or more of the earlier activities.
(Source: P.A. 87-680.)
(325 ILCS 20/8) (from Ch. 23, par. 4158)
Sec. 8. Authority to Promulgate Rules and Regulations. The
lead agency shall develop rules and regulations under this Act
within one year of the effective date of this Act. These rules
shall reflect the intent of federal regulations adopted under
Part C of the Individuals with Disabilities Education
Improvement Act of 2004 (Sections 1431 through 1444 of Title 20
of the United States Code) Part H of the Individuals with
Disabilities Education Act (20 United States Code 1471 through
1485).
(Source: P.A. 87-680.)
(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 needs of each eligible infant and
toddler, and assessment of the concerns and priorities of

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the families to appropriately assist them in meeting their
needs and identify 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 shall consult the lead agency's
therapy guidelines and its 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

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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 evaluation and initial assessment and initial Plan
meeting must be held within 45 days after the initial contact
with the early intervention services system. 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, at their discretion,
early intervention services shall be provided to each eligible
infant and toddler 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

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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 income, and that these fees are payable to the
central billing office, and that if the family encounters a
catastrophic circumstance, as defined under subsection (f)
of Section 13 of this Act, making it unable to pay the
fees, the lead agency may, upon proof of inability to pay,
waive the fees.
(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

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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 to appropriate
preschool programs under Part B of the Individuals with
Disabilities Education Improvement Act of 2004 and under
Article 14 of the School Code, or to other appropriate services
for children between the ages of 3 and 5, by their 3rd
birthday.
(Source: P.A. 91-538, eff. 8-13-99; 92-10, eff. 6-11-01;
92-307, eff. 8-9-01; 92-651, eff. 7-11-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.".