(325 ILCS 20/1)(from Ch. 23, par. 4151) Sec. 1. Short Title. This Act may be cited as the Early Intervention Services System Act. (Source: P.A. 87‑680.)
(325 ILCS 20/2)(from Ch. 23, par. 4152) Sec. 2. Legislative Findings and Policy. (a) The General Assembly finds that there is an urgent and substantial need to: (1) enhance the development of all eligible infants
and toddlers in the State of Illinois in order to minimize developmental delay and maximize individual potential for adult independence;
(2) enhance the capacity of families to meet the
special needs of eligible infants and toddlers including the purchase of services when necessary;
(3) reduce educational costs by minimizing the need
for special education and related services when eligible infants and toddlers reach school age;
(4) enhance the independence, productivity and
integration with age‑appropriate peers of eligible children and their families;
(5) reduce social services costs and minimize the
need for institutionalization; and
(6) prevent secondary impairments and disabilities
by improving the health of infants and toddlers, thereby reducing health costs for the families and the State.
(b) The General Assembly therefore intends that the policy of this State shall be to: (1) affirm the importance of the family in all areas
of the child's development and reinforce the role of the family as a participant in the decision making processes regarding their child;
(2) provide assistance and support to eligible
infants and toddlers and their families to address the individual concerns and decisions of each family;
(3) develop and implement, on a statewide basis,
locally based comprehensive, coordinated, interdisciplinary, interagency early intervention services for all eligible infants and toddlers;
(4) enhance the local communities' capacity to
provide an array of quality early intervention services;
(5) identify and coordinate all available resources
for early intervention within the State including those from federal, State, local and private sources;
(6) provide financial and technical assistance to
local communities for the purposes of coordinating early intervention services in local communities and enhancing the communities' capacity to provide individualized early intervention services to all eligible infants and toddlers in their homes or in community environments; and
(7) affirm that eligible infants and toddlers have a
right to receive early intervention services to the maximum extent appropriate, in natural environments in which infants and toddlers without disabilities would participate.
(c) The General Assembly further finds that early intervention services are cost‑effective and effectively serve the developmental needs of eligible infants and toddlers and their families. Therefore, the purpose of this Act is to provide a comprehensive, coordinated, interagency, interdisciplinary early intervention services system for eligible infants and toddlers and their families by enhancing the capacity to provide quality early intervention services, expanding and improving existing services, and facilitating coordination of payments for early intervention services from various public and private sources. (Source: P.A. 91‑538, eff. 8‑13‑99.)
(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 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. (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;
(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 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, including
the home and community settings 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 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: (1) The Secretary of Human Services (or his or her
designee) and 2 additional 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
(J) Illinois Department of Insurance. (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 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.
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. 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 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.
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 20/5)(from Ch. 23, par. 4155) Sec. 5. Lead Agency. The Department of Human Services is designated the lead agency and shall provide leadership in establishing and implementing the coordinated, comprehensive, interagency and interdisciplinary system of early intervention services. The lead agency shall not have the sole responsibility for providing these services. Each participating State agency shall continue to coordinate those early intervention services relating to health, social service and education provided under this authority. The lead agency is responsible for carrying out the following: (a) The general administration, supervision, and
monitoring of programs and activities receiving assistance under Section 673 of the Individuals with Disabilities Education Act (20 United States Code 1473).
(b) The identification and coordination of all
available resources within the State from federal, State, local and private sources.
(c) The development of procedures to ensure that
services are provided to eligible infants and toddlers and their families in a timely manner pending the resolution of any disputes among public agencies or service providers.
(d) The resolution of intra‑agency and interagency
(325 ILCS 20/1)(from Ch. 23, par. 4151) Sec. 1. Short Title. This Act may be cited as the Early Intervention Services System Act. (Source: P.A. 87‑680.)
(325 ILCS 20/2)(from Ch. 23, par. 4152) Sec. 2. Legislative Findings and Policy. (a) The General Assembly finds that there is an urgent and substantial need to: (1) enhance the development of all eligible infants
and toddlers in the State of Illinois in order to minimize developmental delay and maximize individual potential for adult independence;
(2) enhance the capacity of families to meet the
special needs of eligible infants and toddlers including the purchase of services when necessary;
(3) reduce educational costs by minimizing the need
for special education and related services when eligible infants and toddlers reach school age;
(4) enhance the independence, productivity and
integration with age‑appropriate peers of eligible children and their families;
(5) reduce social services costs and minimize the
need for institutionalization; and
(6) prevent secondary impairments and disabilities
by improving the health of infants and toddlers, thereby reducing health costs for the families and the State.
(b) The General Assembly therefore intends that the policy of this State shall be to: (1) affirm the importance of the family in all areas
of the child's development and reinforce the role of the family as a participant in the decision making processes regarding their child;
(2) provide assistance and support to eligible
infants and toddlers and their families to address the individual concerns and decisions of each family;
(3) develop and implement, on a statewide basis,
locally based comprehensive, coordinated, interdisciplinary, interagency early intervention services for all eligible infants and toddlers;
(4) enhance the local communities' capacity to
provide an array of quality early intervention services;
(5) identify and coordinate all available resources
for early intervention within the State including those from federal, State, local and private sources;
(6) provide financial and technical assistance to
local communities for the purposes of coordinating early intervention services in local communities and enhancing the communities' capacity to provide individualized early intervention services to all eligible infants and toddlers in their homes or in community environments; and
(7) affirm that eligible infants and toddlers have a
right to receive early intervention services to the maximum extent appropriate, in natural environments in which infants and toddlers without disabilities would participate.
(c) The General Assembly further finds that early intervention services are cost‑effective and effectively serve the developmental needs of eligible infants and toddlers and their families. Therefore, the purpose of this Act is to provide a comprehensive, coordinated, interagency, interdisciplinary early intervention services system for eligible infants and toddlers and their families by enhancing the capacity to provide quality early intervention services, expanding and improving existing services, and facilitating coordination of payments for early intervention services from various public and private sources. (Source: P.A. 91‑538, eff. 8‑13‑99.)
(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 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. (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;
(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 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, including
the home and community settings 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 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: (1) The Secretary of Human Services (or his or her
designee) and 2 additional 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
(J) Illinois Department of Insurance. (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 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.
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. 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 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.
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 20/5)(from Ch. 23, par. 4155) Sec. 5. Lead Agency. The Department of Human Services is designated the lead agency and shall provide leadership in establishing and implementing the coordinated, comprehensive, interagency and interdisciplinary system of early intervention services. The lead agency shall not have the sole responsibility for providing these services. Each participating State agency shall continue to coordinate those early intervention services relating to health, social service and education provided under this authority. The lead agency is responsible for carrying out the following: (a) The general administration, supervision, and
monitoring of programs and activities receiving assistance under Section 673 of the Individuals with Disabilities Education Act (20 United States Code 1473).
(b) The identification and coordination of all
available resources within the State from federal, State, local and private sources.
(c) The development of procedures to ensure that
services are provided to eligible infants and toddlers and their families in a timely manner pending the resolution of any disputes among public agencies or service providers.
(d) The resolution of intra‑agency and interagency
(325 ILCS 20/1)(from Ch. 23, par. 4151) Sec. 1. Short Title. This Act may be cited as the Early Intervention Services System Act. (Source: P.A. 87‑680.)
(325 ILCS 20/2)(from Ch. 23, par. 4152) Sec. 2. Legislative Findings and Policy. (a) The General Assembly finds that there is an urgent and substantial need to: (1) enhance the development of all eligible infants
and toddlers in the State of Illinois in order to minimize developmental delay and maximize individual potential for adult independence;
(2) enhance the capacity of families to meet the
special needs of eligible infants and toddlers including the purchase of services when necessary;
(3) reduce educational costs by minimizing the need
for special education and related services when eligible infants and toddlers reach school age;
(4) enhance the independence, productivity and
integration with age‑appropriate peers of eligible children and their families;
(5) reduce social services costs and minimize the
need for institutionalization; and
(6) prevent secondary impairments and disabilities
by improving the health of infants and toddlers, thereby reducing health costs for the families and the State.
(b) The General Assembly therefore intends that the policy of this State shall be to: (1) affirm the importance of the family in all areas
of the child's development and reinforce the role of the family as a participant in the decision making processes regarding their child;
(2) provide assistance and support to eligible
infants and toddlers and their families to address the individual concerns and decisions of each family;
(3) develop and implement, on a statewide basis,
locally based comprehensive, coordinated, interdisciplinary, interagency early intervention services for all eligible infants and toddlers;
(4) enhance the local communities' capacity to
provide an array of quality early intervention services;
(5) identify and coordinate all available resources
for early intervention within the State including those from federal, State, local and private sources;
(6) provide financial and technical assistance to
local communities for the purposes of coordinating early intervention services in local communities and enhancing the communities' capacity to provide individualized early intervention services to all eligible infants and toddlers in their homes or in community environments; and
(7) affirm that eligible infants and toddlers have a
right to receive early intervention services to the maximum extent appropriate, in natural environments in which infants and toddlers without disabilities would participate.
(c) The General Assembly further finds that early intervention services are cost‑effective and effectively serve the developmental needs of eligible infants and toddlers and their families. Therefore, the purpose of this Act is to provide a comprehensive, coordinated, interagency, interdisciplinary early intervention services system for eligible infants and toddlers and their families by enhancing the capacity to provide quality early intervention services, expanding and improving existing services, and facilitating coordination of payments for early intervention services from various public and private sources. (Source: P.A. 91‑538, eff. 8‑13‑99.)
(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 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. (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;
(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 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, including
the home and community settings 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 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: (1) The Secretary of Human Services (or his or her
designee) and 2 additional 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
(J) Illinois Department of Insurance. (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 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.
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. 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 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.
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 20/5)(from Ch. 23, par. 4155) Sec. 5. Lead Agency. The Department of Human Services is designated the lead agency and shall provide leadership in establishing and implementing the coordinated, comprehensive, interagency and interdisciplinary system of early intervention services. The lead agency shall not have the sole responsibility for providing these services. Each participating State agency shall continue to coordinate those early intervention services relating to health, social service and education provided under this authority. The lead agency is responsible for carrying out the following: (a) The general administration, supervision, and
monitoring of programs and activities receiving assistance under Section 673 of the Individuals with Disabilities Education Act (20 United States Code 1473).
(b) The identification and coordination of all
available resources within the State from federal, State, local and private sources.
(c) The development of procedures to ensure that
services are provided to eligible infants and toddlers and their families in a timely manner pending the resolution of any disputes among public agencies or service providers.
(d) The resolution of intra‑agency and interagency
