Regular Session 2019-2020 House Bill 1270 P.N. 3859

PRIOR PRINTER'S NOS. 1478, 1740

PRINTER'S NO. 3859

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1270

Session of

2019

INTRODUCED BY TOOHIL, SCHLOSSBERG, OBERLANDER, MILLARD, BULLOCK,

PICKETT, KIRKLAND, BURGOS, KINSEY, LONGIETTI, T. DAVIS,

BERNSTINE, BARRAR, MURT, FRANKEL, MARKOSEK, FITZGERALD,

DONATUCCI, SNYDER, DALEY, ULLMAN, NEILSON, KIM, GAINEY AND

RIGBY, APRIL 17, 2019

AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 27, 2020

AN ACT

Amending the act of December 19, 1990 (P.L.1372, No.212),

entitled "An act providing for early intervention services

for infants, toddlers and preschool children who qualify;

establishing the Interagency Coordinating Council and

providing for its powers and duties; and conferring powers

and duties upon the Department of Education and the State

Board of Education, the Department of Health and the

Department of Public Welfare," further providing for title of

the act; in general provisions, further providing for

LEGISLATIVE FINDINGS FOR EARLY INTERVENTION, FOR definitions,

FOR STATE INTERAGENCY AGREEMENT, FOR OTHER DUTIES OF STATE

AGENCIES AND FOR COUNCIL; in Statewide system for provision

of early intervention services, further providing for

REQUIREMENTS, FOR PROGRAM REGULATIONS AND STANDARDS, FOR

ADMINISTRATION BY DEPARTMENT OF PUBLIC WELFARE, FOR

ADMINISTRATION BY DEPARTMENT OF EDUCATION AND FOR child

identification, assessment and tracking system; IN

MISCELLANEOUS PROVISIONS, FURTHER PROVIDING FOR EFFECTIVE

DATE; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title of the act of December 19, 1990

(P.L.1372, No.212), known as the Early Intervention Services

System Act, is amended to read:

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SECTION 1. THE TITLE AND SECTIONS 102, 103, 104, 105, 106,

301, 302(A), 303, 304(C), 305 AND 503 OF THE ACT OF DECEMBER 19,

1990 (P.L.1372, NO.212), KNOWN AS THE EARLY INTERVENTION

SERVICES SYSTEM ACT, ARE AMENDED TO READ:

AN ACT

Providing for early intervention services for infants, toddlers

and preschool children who qualify; establishing the

Interagency Coordinating Council and providing for its powers

and duties; and conferring powers and duties upon the

Department of Education and the State Board of Education, the

Department of Health and the Department of [Public Welfare]

Human Services.

Section 2. The definitions of "handicapped infants and

toddlers," "lead agency" and "State interagency agreement" in

section 103 of the act are amended and the section is amended by

adding a definition to read:

SECTION 102. LEGISLATIVE FINDINGS FOR EARLY INTERVENTION.

(A) NEEDS.--THE GENERAL ASSEMBLY FINDS THAT THERE IS A NEED

TO:

(1) INCREASE THE OPPORTUNITY FOR THE DEVELOPMENT OF

INFANTS, TODDLERS AND ELIGIBLE YOUNG CHILDREN WHO ARE

[HANDICAPPED] DISABLED IN ORDER TO MINIMIZE THEIR POTENTIAL

FOR DEVELOPMENTAL DELAY.

(2) MINIMIZE THE NEED FOR SPECIAL EDUCATION SERVICES AS

THESE INFANTS, TODDLERS AND ELIGIBLE YOUNG CHILDREN WHO ARE

[HANDICAPPED] DISABLED ATTAIN THE AGE OF BEGINNERS.

(3) REDUCE THE NUMBER OF [HANDICAPPED] DISABLED

INDIVIDUALS BEING PLACED IN INSTITUTIONS AND ENHANCE THEIR

POTENTIAL FOR INDEPENDENT LIVING IN SOCIETY.

(4) ASSIST THE FAMILIES OF [HANDICAPPED] ELIGIBLE

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INFANTS AND TODDLERS TO MEET THEIR CHILDREN'S SPECIAL NEEDS.

(5) IMPLEMENT THE PROVISIONS OF PARTS B AND [H] C IN

ORDER TO BE ELIGIBLE TO RECEIVE FEDERAL FUNDING TO HELP

ESTABLISH AND MAINTAIN PROGRAMS AND SERVICES TO ASSIST

[HANDICAPPED] ELIGIBLE INFANTS, TODDLERS AND THEIR FAMILIES

AND ELIGIBLE YOUNG CHILDREN.

(B) REMEDY.--THE GENERAL ASSEMBLY FURTHER FINDS THAT EARLY

INTERVENTION SERVICES FOR [HANDICAPPED] ELIGIBLE INFANTS,

TODDLERS AND THEIR FAMILIES AND ELIGIBLE YOUNG CHILDREN ARE COST

EFFECTIVE AND EFFECTIVELY SERVE THE DEVELOPMENTAL NEEDS OF

CHILDREN WHO ARE [HANDICAPPED] DISABLED.

Section 103. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"AGE OF BEGINNERS." THE MINIMUM AGE ESTABLISHED BY THE

SCHOOL DISTRICT BOARD OF DIRECTORS FOR ADMISSION TO THE

DISTRICT'S FIRST GRADE UNDER 22 PA. CODE § 11.15 (RELATING TO

ADMISSION OF BEGINNERS).

"COUNCIL." THE INTERAGENCY COORDINATING COUNCIL ESTABLISHED

IN SECTION 106.

"EARLY INTERVENTION SERVICES." DEVELOPMENTAL SERVICES WHICH

MEET ALL OF THE FOLLOWING:

(1) ARE PROVIDED UNDER PUBLIC SUPERVISION.

(2) ARE DESIGNED TO MEET THE DEVELOPMENTAL NEEDS OF [A

HANDICAPPED INFANT, TODDLER OR ELIGIBLE YOUNG CHILD] ELIGIBLE

INFANTS AND TODDLERS AND ELIGIBLE YOUNG CHILDREN IN ANY OF

THE FOLLOWING AREAS:

(I) PHYSICAL DEVELOPMENT.

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(II) COGNITIVE DEVELOPMENT.

(III) SENSORY DEVELOPMENT.

(IV) LANGUAGE AND SPEECH DEVELOPMENT OR ALTERNATIVE

COMMUNICATION DEVELOPMENT.

(V) PSYCHO-SOCIAL DEVELOPMENT.

(VI) SELF-HELP SKILLS.

(3) ARE DEVELOPED TO MEET THE REQUIREMENTS OF THIS ACT,

INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

(I) FAMILY TRAINING.

(II) SOCIAL WORK SERVICES, INCLUDING COUNSELING AND

HOME VISITS.

(III) SPECIAL INSTRUCTION.

(IV) SPEECH PATHOLOGY AND AUDIOLOGY.

(V) OCCUPATIONAL THERAPY.

(VI) PHYSICAL THERAPY.

(VII) PSYCHOLOGICAL SERVICES.

(VIII) MEDICAL SERVICES ONLY FOR DIAGNOSTIC OR

EVALUATION PURPOSES.

(IX) EARLY IDENTIFICATION, SCREENING AND ASSESSMENT

SERVICES.

(X) HEALTH SERVICES NECESSARY TO ENABLE THE INFANT

OR TODDLER TO BENEFIT FROM THE OTHER EARLY INTERVENTION

SERVICES.

(XI) ASSISTIVE TECHNOLOGY DEVICES AND SERVICES.

(XII) FOR [HANDICAPPED] ELIGIBLE INFANTS AND

TODDLERS, OTHER SERVICES REQUIRED BY PART [H] C.

(4) ARE PROVIDED BY QUALIFIED PERSONNEL, INCLUDING, BUT

NOT LIMITED TO, SPECIAL EDUCATORS, SPEECH AND LANGUAGE

PATHOLOGISTS AND AUDIOLOGISTS, OCCUPATIONAL THERAPISTS,

PHYSICAL THERAPISTS, PSYCHOLOGISTS, SOCIAL WORKERS, NURSES

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AND NUTRITIONISTS.

(5) ARE PROVIDED IN CONFORMITY WITH AN INDIVIDUALIZED

FAMILY SERVICE PLAN FOR ELIGIBLE INFANTS, TODDLERS AND THEIR

FAMILIES.

(6) ARE PROVIDED TO ELIGIBLE YOUNG CHILDREN IN

COMPLIANCE WITH THE PROVISIONS OF THIS ACT AND PART B.

COMPLIANCE INCLUDES PROCEDURAL SAFEGUARDS AND FREE

APPROPRIATE PUBLIC EDUCATION, INCLUDING RELATED SERVICES AND

INDIVIDUALIZED EDUCATION PROGRAMS.

(7) ARE PROVIDED IN THE LEAST RESTRICTIVE ENVIRONMENT

APPROPRIATE TO THE CHILD'S NEEDS. INFANTS, TODDLERS AND

[ELIGIBLE] YOUNG CHILDREN WHO WILL BE SERVED IN A NON-HOME-

BASED SETTING MUST, TO THE MAXIMUM EXTENT CONSISTENT WITH THE

CHILD'S ABILITIES, RECEIVE EARLY INTERVENTION SERVICES IN A

SETTING WITH [NONHANDICAPPED] NONDISABLED CHILDREN. EACH

INFANT'S OR TODDLER'S IFSP AND EACH [ELIGIBLE] YOUNG CHILD'S

IEP MUST CONTAIN THE RECOMMENDED SERVICE OPTION PLACEMENT AND

THE RATIONALE FOR WHY IT REPRESENTS THE LEAST RESTRICTIVE

ENVIRONMENT.

["EDUCATION OF THE HANDICAPPED ACT." THE EDUCATION OF THE

HANDICAPPED ACT (PUBLIC LAW 91-230, 20 U.S.C. § 1401 ET SEQ.).]

"ELIGIBLE INFANTS AND TODDLERS." INDIVIDUALS RANGING IN AGE

FROM BIRTH TO TWO YEARS OF AGE, INCLUSIVE, WHO NEED EARLY

INTERVENTION SERVICES FOR ANY OF THE FOLLOWING REASONS:

(1) THEY ARE EXPERIENCING DEVELOPMENTAL DELAYS, AS

DEFINED BY REGULATIONS OF THE DEPARTMENT OF HUMAN SERVICES

AND AS MEASURED BY APPROPRIATE DIAGNOSTIC INSTRUMENTS AND

PROCEDURES IN ANY OF THE FOLLOWING AREAS: COGNITIVE

DEVELOPMENT, SENSORY DEVELOPMENT, PHYSICAL DEVELOPMENT,

LANGUAGE AND SPEECH DEVELOPMENT, PSYCHO-SOCIAL DEVELOPMENT OR

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SELF-HELP SKILLS.

(2) THEY HAVE A DIAGNOSED PHYSICAL OR MENTAL CONDITION

WHICH HAS A HIGH PROBABILITY OF RESULTING IN DEVELOPMENTAL

DELAY UNDER PARAGRAPH (1). THIS PARAGRAPH APPLIES TO

CONDITIONS WITH KNOWN ETIOLOGIES AND DEVELOPMENTAL

CONSEQUENCES. EXAMPLES OF THESE CONDITIONS INCLUDE DOWN

SYNDROME; OTHER CHROMOSOMAL ABNORMALITIES; SENSORY

IMPAIRMENTS, INCLUDING VISION AND HEARING; INBORN ERRORS OF

METABOLISM; MICROCEPHALY; SEVERE ATTACHMENT DISORDERS,

INCLUDING FAILURE TO THRIVE; SEIZURE DISORDERS; AND FETAL

ALCOHOL SYNDROME.

"ELIGIBLE YOUNG CHILD." A CHILD WHO IS YOUNGER THAN THE AGE

OF BEGINNERS AND AT LEAST THREE YEARS OF AGE AND WHO MEETS ANY

OF THE FOLLOWING CRITERIA:

(1) THE CHILD HAS ANY OF THE FOLLOWING PHYSICAL OR

MENTAL DISABILITIES: AUTISM/PERVASIVE DEVELOPMENTAL DISORDER,

SERIOUS EMOTIONAL DISTURBANCE, NEUROLOGICAL IMPAIRMENT,

DEAFNESS/HEARING IMPAIRMENT, SPECIFIC LEARNING DISABILITY,

MENTAL RETARDATION, [MULTIHANDICAP,] OTHER HEALTH IMPAIRMENT,

PHYSICAL DISABILITY, SPEECH IMPAIRMENT OR BLINDNESS/VISUAL

IMPAIRMENT.

(2) THE CHILD IS CONSIDERED TO HAVE A DEVELOPMENTAL

DELAY, AS DEFINED BY REGULATIONS OF THE STATE BOARD OF

EDUCATION AND THE STANDARDS OF THE DEPARTMENT OF EDUCATION.

["Handicapped infants and toddlers." Individuals ranging in

age from birth to two years of age, inclusive, who need early

intervention services for any of the following reasons:

(1) They are experiencing developmental delays, as

defined by regulations of the Department of [Public Welfare]

Human Services and as measured by appropriate diagnostic

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instruments and procedures in any of the following areas:

cognitive development, sensory development, physical

development, language and speech development, psycho-social

development or self-help skills.

(2) They have a diagnosed physical or mental condition

which has a high probability of resulting in developmental

delay under paragraph (1). This paragraph applies to

conditions with known etiologies and developmental

consequences. Examples of these conditions include Down

syndrome; other chromosomal abnormalities; sensory

impairments, including vision and hearing; inborn errors of

metabolism; microcephaly; severe attachment disorders,

including failure to thrive; seizure disorders; and fetal

alcohol syndrome.]

* * *

"HOMELESS." AN INDIVIDUAL WHO LACKS A FIXED, REGULAR AND

ADEQUATE NIGHTTIME RESIDENCE. THE TERM INCLUDES:

(1) CHILDREN AND YOUTH IN ANY OF THE FOLLOWING:

(I) WHO ARE SHARING THE HOUSING OF ANOTHER PERSON

DUE TO LOSS OF HOUSING, ECONOMIC HARDSHIP OR A SIMILAR

REASON.

(II) WHO ARE LIVING IN A MOTEL, HOTEL, TRAILER PARK

OR CAMPING GROUNDS DUE TO THE LACK OF ALTERNATIVE

ADEQUATE ACCOMMODATIONS.

(III) WHO ARE LIVING IN AN EMERGENCY OR TRANSITIONAL

SHELTER.

(IV) WHO ARE ABANDONED IN A HOSPITAL.

(V) WHO ARE AWAITING FOSTER CARE PLACEMENT.

(VI) WHO HAVE A PRIMARY NIGHTTIME RESIDENCE THAT IS

A PUBLIC OR A PRIVATE PLACE NOT DESIGNED FOR OR

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ORDINARILY USED AS A REGULAR SLEEPING ACCOMMODATION FOR

HUMAN BEINGS.

(VII) WHO ARE LIVING IN A CAR, PARK, PUBLIC SPACE,

ABANDONED BUILDING, SUBSTANDARD HOUSING, BUS OR TRAIN

STATION OR SIMILAR SETTING.

(2) MIGRATORY CHILDREN WHO QUALIFY AS HOMELESS FOR THE

PURPOSES OF THIS CHAPTER BECAUSE THE CHILD IS LIVING IN ONE

OF THE CIRCUMSTANCES IN PARAGRAPH (1).

"IEP." INDIVIDUALIZED EDUCATION PROGRAM.

"IFSP." INDIVIDUALIZED FAMILY SERVICE PLAN.

"INDIVIDUALS WITH DISABILITIES EDUCATION ACT." THE

INDIVIDUALS WITH DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230,

20 U.S.C. § 1400 ET SEQ.).

"Lead agency." For early intervention services to eligible

children from birth to two years of age, inclusive, the

Department of [Public Welfare] Human Services; for early

intervention services to eligible young children, the Department

of Education.

* * *

"LOCAL INTERAGENCY AGREEMENT." AN AGREEMENT ENTERED INTO BY

LOCAL AGENCIES RECEIVING EARLY INTERVENTION FUNDS DIRECTLY FROM

THE COMMONWEALTH AND MADE UNDER THE STATE INTERAGENCY AGREEMENT

PROVIDING FOR THE DELIVERY OF EARLY INTERVENTION SERVICES WITHIN

A SPECIFIED GEOGRAPHIC AREA.

"MUTUALLY AGREED-UPON WRITTEN ARRANGEMENTS." AN AGREEMENT

BETWEEN THE DEPARTMENT OF EDUCATION AND INTERMEDIATE UNITS,

SCHOOL DISTRICTS OR OTHER PUBLIC OR PRIVATE AGENCIES THAT COMPLY

WITH THE EARLY INTERVENTION REGULATIONS OF THE STATE BOARD OF

EDUCATION AND EARLY INTERVENTION STANDARDS OF THE DEPARTMENT OF

EDUCATION. THESE AGREEMENTS MAY INCLUDE MEMORANDA OF

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UNDERSTANDING PURSUANT TO APPROVED PLANS SUBMITTED TO THE

DEPARTMENT OF EDUCATION BY INTERMEDIATE UNITS AND SCHOOL

DISTRICTS.

"PART B." [PART B] SUBCHAPTER II OF THE [EDUCATION FOR THE

HANDICAPPED] INDIVIDUALS WITH DISABILITIES EDUCATION ACT (20

U.S.C. § 1411 ET SEQ.), AS IT APPLIES TO PRESCHOOL CHILDREN.

["PART H." PART H OF THE EDUCATION FOR THE HANDICAPPED ACT

(20 U.S.C. § 1471 ET SEQ.).]

"PART C." SUBCHAPTER III OF THE INDIVIDUALS WITH

DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230, 20 U.S.C. § 1431

ET SEQ.)

"Postpartum depression." Moderate to severe depression in a

woman after she has given birth, which depression occurs after

delivery or up to a year later.

"State interagency agreement." An agreement entered into by

the Department of Education, the Department of Health, the

Department of [Public Welfare] Human Services and any other

Commonwealth agency for the purposes of this act and of Part B

and Part [H] C.

Section 3. Sections 104, 105, 106(b)(10), (f)(1) and (4) and

(h), 301 introductory paragraph and (1), 302(a), 303, 304(c),

305 and 503 of the act are amended to read:

Section 104. State interagency agreement.

(a) Interagency agreement.--The Department of Education, the

Department of Health and the Department of [Public Welfare]

Human Services shall enter into and maintain a State interagency

agreement to enable the State and local agencies serving

ELIGIBLE infants[,] AND toddlers and eligible young children

[who are handicapped] to establish working relationships that

will increase the efficiency and effectiveness of their early

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intervention services. The agreement shall outline the

responsibilities of those State and local agencies and shall

implement a coordinated service delivery system through local

interagency agreements.

(b) Components.--The State interagency agreement shall

address, at a minimum, the following issues:

(1) Responsibilities of State and local agencies.

(2) Eligibility determination and referrals.

(3) Establishment of local agreements.

(4) Fiscal responsibilities of the agencies.

(5) Dispute resolution between agencies.

(6) Payor of last resort.

(7) Maintenance of effort.

(8) Administrative management structure.

(9) Establishment and maintenance of local interagency

coordinating councils, which shall include, but not be

limited to, parents and private providers and which shall be

authorized to advise and comment on the development of local

interagency agreements for their specified geographic area

and to communicate directly with the Department of Education,

the Department of Health, the Department of [Public Welfare]

Human Services and the council regarding the local

interagency agreement and any other matters pertaining to

this act.

(10) Plans by the Department of Health, the Department

of [Public Welfare] Human Services and the Department of

Education to work together to develop a coordinated system of

case management.

meet the requirements of this act and the provisions of Part B

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and Part [H] C.

Section 105. Other duties of State agencies.

(a) Statewide system.--The Department of Health, the

Department of [Public Welfare] Human Services and the Department

of Education shall be responsible for the establishment and

maintenance of a Statewide system of early intervention services

as provided in Chapter 3.

(b) Rulemaking.--The Department of Health, the Department of

[Public Welfare] Human Services, the State Board of Education as

the regulatory authority for the Department of Education and the

Department of Education for standards shall submit draft

regulations and standards to the council relating to the

implementation of this act prior to formal promulgation in order

to receive the recommendations of the council. If

recommendations are not received by the appropriate State agency

within 60 days of receipt by the council, the respective

department or board may continue to develop and promulgate

regulations and standards.

the Department of [Public Welfare] Human Services and the

Department of Education shall submit annual reports to the

council on the status of early intervention services during the

preceding calendar year. These reports shall be used as the

basis for the report submitted by the council under section

106(f)(4).

Section 106. Council.

* * *

(A) ESTABLISHMENT.--THE INTERAGENCY COORDINATING COUNCIL IS

ESTABLISHED. THE COUNCIL SHALL CONSIST OF 15 VOTING MEMBERS

APPOINTED BY THE GOVERNOR. THE COUNCIL SHALL SERVE AS THE

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COUNCIL REQUIRED BY THE [EDUCATION OF THE HANDICAPPED ACT

AMENDMENTS OF 1986 (PUBLIC LAW 99-457, 100 STAT. 1145)]

INDIVIDUALS WITH DISABILITIES EDUCATION ACT. THE TERM OF OFFICE

OF THE VOTING MEMBERS SHALL BE THREE YEARS, EXCEPT FOR THE

CABINET OFFICERS OR THEIR DESIGNEES WHO SHALL SERVE AS LONG AS

THEY ARE IN OFFICE.

(b) Membership.--The membership of the council shall consist

of the following:

* * *

(1) THREE PARENTS OF [HANDICAPPED] ELIGIBLE INFANTS[,]

OR TODDLERS OR ELIGIBLE YOUNG CHILDREN.

(2) ONE PROVIDER OF A CHILD DEVELOPMENT PROGRAM, SUCH AS

HEAD START.

(3) ONE PARENT OF A CHILD WHO HAS RECEIVED EARLY

INTERVENTION SERVICES AND IS NOW BEYOND SIX YEARS OF AGE.

(4) THREE PROVIDERS OF EARLY INTERVENTION SERVICES,

INCLUDING ONE SCHOOL DISTRICT PROVIDER, ONE INTERMEDIATE UNIT

PROVIDER AND ONE PRIVATE PROVIDER.

(5) ONE MEMBER FROM THE GENERAL ASSEMBLY.

(6) ONE REPRESENTATIVE OF THE AMERICAN ACADEMY OF

PEDIATRICS.

(7) ONE COUNTY MENTAL [HEALTH/MENTAL RETARDATION] HEALTH

AND DEVELOPMENTAL SERVICES ADMINISTRATOR OR DESIGNEE.

(8) ONE INDIVIDUAL INVOLVED IN PERSONNEL PREPARATION.

(9) THE SECRETARY OF EDUCATION OR A DESIGNEE.

(10) The Secretary of [Public Welfare] Human Services or

a designee.

* * *

(11) THE SECRETARY OF HEALTH OR A DESIGNEE.

(12) AS EX OFFICIO MEMBERS, WHO SHALL NOT HAVE VOTING

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PRIVILEGES: A REPRESENTATIVE OF THE DEVELOPMENTAL

DISABILITIES PLANNING COUNCIL AND MEMBERS APPOINTED BY THE

CHAIR OF THE COUNCIL.

SUBSECTION (B) MUST BE DEPUTY SECRETARIES, COMMISSIONERS OR

BUREAU DIRECTORS.

(D) OFFICERS.--THE CHAIR OF THE COUNCIL SHALL BE APPOINTED

BY THE GOVERNOR AND MUST BE SELECTED FROM THOSE MEMBERS WHO ARE

NEITHER EMPLOYEES OF THE COMMONWEALTH NOR ELECTED OFFICIALS.

(E) COMMITTEES.--THE CHAIR OF THE COUNCIL MAY APPOINT

SPECIAL COMMITTEES, WHICH MAY INCLUDE NONMEMBERS OF THE COUNCIL,

TO MAKE RECOMMENDATIONS TO THE COUNCIL CONCERNING KEY ISSUES

RELATED TO THIS ACT.

(f) Powers and duties.--The council has the following powers

and duties:

(1) To review and comment to the Department of Health,

the Department of [Public Welfare] Human Services, the

Department of Education and the State Board of Education on

draft regulations and standards for the implementation and

maintenance of a Statewide system of early intervention

services which are in accordance with the provisions of this

act and Parts B and H.

* * *

(2) TO REVIEW AND COMMENT TO THE APPROPRIATE LEGISLATIVE

COMMITTEES AND THE INDEPENDENT REGULATORY REVIEW COMMISSION

ON REGULATIONS AND STANDARDS PROPOSED UNDER THIS ACT.

(3) TO ASSIST AND ADVISE COMMONWEALTH AGENCIES IN THEIR

EFFORT TO CARRY OUT THE PROVISIONS OF THIS ACT. THIS

PARAGRAPH INCLUDES, BUT IS NOT LIMITED TO:

(I) RECOMMENDATIONS FOR THE IMPLEMENTATION AND

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MAINTENANCE OF A STATEWIDE COMPREHENSIVE, COORDINATED,

MULTIDISCIPLINARY, INTERAGENCY PROGRAM, AS DESCRIBED IN

CHAPTER 3;

(II) SUGGESTIONS REGARDING SOURCES OF FISCAL AND

OTHER SUPPORT FROM FEDERAL, STATE, LOCAL AND PRIVATE

SOURCES, INCLUDING INSURANCE COVERAGE; AND

(III) RECOMMENDATIONS REGARDING IN-SERVICE TRAINING

AND PERSONNEL COMPETENCIES.

(4) To prepare and submit, with the cooperation of the

Secretary of Education, the Secretary of Health and the

Secretary of [Public Welfare] Human Services, an annual

report during the month of September to the Governor and the

Majority and Minority Chairmen of the Education Committee of

the Senate and the Education Committee of the House of

Representatives. This report shall include the number of

programs being provided by intermediate units, school

districts and public and private providers, including Head

Start; the number of children being served; the status of

compliance with State regulations and standards; descriptive

information on the programs; information on personnel needs;

any suggested changes in State statutes and regulations

governing these programs; any information the United States

Secretary of Education may require; and any other information

the council deems appropriate.

* * *

(5) TO MEET AT LEAST SIX TIMES A YEAR.

(6) TO PERFORM OTHER FUNCTIONS REQUIRED OF A STATE'S

INTERAGENCY COORDINATING COUNCIL UNDER PART [H] C.

(G) COMPENSATION OF MEMBERS.--THE MEMBERS SHALL SERVE

WITHOUT COMPENSATION BUT SHALL BE REIMBURSED FOR REASONABLE

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COSTS INCURRED, INCLUDING COSTS RELATED TO CHILD CARE.

(h) Staff.--Staff services for the council shall be provided

by the Department of Health, the Department of [Public Welfare]

Human Services and the Department of Education and shall include

the preparation and distribution of the annual report required

under subsection (f)(4).

Section 301. Requirements.

A Statewide system of coordinated, comprehensive,

multidisciplinary, interagency programs shall be established and

maintained by the Department of Health, the Department of

[Public Welfare] Human Services and the Department of Education

to provide appropriate early intervention services to all

[handicapped] ELIGIBLE infants[,] AND toddlers and their

families and to eligible young children. The system shall

include the following minimum components:

(1) Compatible definitions of the term "developmental

delay" shall be promulgated and adopted by the Department of

[Public Welfare] Human Services, the Department of Health and

the Department of Education, with review and comment of the

council under section 106(f)(1). The definition shall provide

for the continuity of program services and shall be used in

implementing programs under this act.

* * *

(2) AN ASSURANCE THAT APPROPRIATE EARLY INTERVENTION

SERVICES ARE AVAILABLE TO ALL ELIGIBLE [HANDICAPPED] ELIGIBLE

INFANTS[,] AND TODDLERS AND THEIR FAMILIES BY SEPTEMBER 1,

1991, AND TO ALL ELIGIBLE YOUNG CHILDREN BY JULY 1, 1991.

(3) A TIMELY, COMPREHENSIVE, MULTIDISCIPLINARY

EVALUATION OF THE FUNCTIONING OF EACH [HANDICAPPED] ELIGIBLE

INFANT[,] AND TODDLER AND ELIGIBLE YOUNG CHILD AND THE NEEDS

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OF THE FAMILIES TO ASSIST APPROPRIATELY IN THE DEVELOPMENT OF

THE [HANDICAPPED] ELIGIBLE INFANT[,] AND TODDLER AND ELIGIBLE

YOUNG CHILD.

(4) FOR ALL [HANDICAPPED] ELIGIBLE INFANTS[,] AND

TODDLERS AND THEIR FAMILIES, AN IFSP IN ACCORDANCE WITH PART

[H] C, INCLUDING CASE MANAGEMENT SERVICES IN ACCORDANCE WITH

THE SERVICE PLAN.

(5) FOR EACH ELIGIBLE YOUNG CHILD, AN IEP IN ACCORDANCE

WITH PART B.

(6) A COMPREHENSIVE CHILD-FIND SYSTEM, INCLUDING A

SYSTEM FOR MAKING REFERRALS TO SERVICE PROVIDERS THAT

INCLUDES TIMELINES AND PROVIDES FOR THE PARTICIPATION BY

PRIMARY REFERRAL SOURCES.

(7) A PUBLIC AWARENESS PROGRAM FOCUSING ON EARLY

IDENTIFICATION OF [HANDICAPPED] ELIGIBLE INFANTS[,] AND

TODDLERS AND ELIGIBLE YOUNG CHILDREN.

(8) A CENTRAL DIRECTORY, WHICH INCLUDES EARLY

INTERVENTION SERVICES, RESOURCES AND EXPERTS AVAILABLE IN

THIS COMMONWEALTH AND RESEARCH AND DEMONSTRATION PROJECTS

BEING CONDUCTED IN THIS COMMONWEALTH.

(9) A COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT AND

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.

(10) A PROCEDURE FOR SECURING TIMELY REIMBURSEMENT OF

FUNDS.

(11) PROCEDURAL SAFEGUARDS WITH RESPECT TO PROGRAMS

UNDER THIS ACT.

(12) A SYSTEM FOR COMPILING DATA ON THE NUMBERS OF

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[HANDICAPPED] ELIGIBLE INFANTS[,] AND TODDLERS AND THEIR

FAMILIES AND ELIGIBLE YOUNG CHILDREN IN NEED OF APPROPRIATE

EARLY INTERVENTION SERVICES; THE NUMBER OF ELIGIBLE

INFANTS[,] AND TODDLERS AND THEIR FAMILIES AND ELIGIBLE YOUNG

CHILDREN SERVED; AND THE TYPES OF SERVICES PROVIDED.

(13) A SYSTEM OF PROGRAM STANDARDS EVALUATION AND

COMPLIANCE.

(14) AN EXIT CRITERIA, WHICH PROVIDES PROCEDURES FOR A

CHILD TO EXIT FROM EARLY INTERVENTION SERVICES. THIS EXIT

PLAN MUST ADDRESS BOTH THE NEEDS OF THE CHILD WHO HAS

ATTAINED AGE OF BEGINNERS AS WELL AS THE CHILD WHO, AT ANY

AGE BETWEEN BIRTH AND AGE OF BEGINNERS, NO LONGER MEETS THE

ELIGIBILITY CRITERIA. IF A CHILD HAS BEEN SUCCESSFUL IN

OBTAINING AGE-APPROPRIATE BEHAVIOR AND ABILITIES, THE FACT

THAT THE CHILD PARTICIPATED IN EARLY INTERVENTION SERVICES

MAY NOT BE COMMUNICATED TO THE SCHOOL DISTRICT UNLESS THE

PARENT SO CHOOSES, NOR MAY IT BE CONSIDERED AS A RATIONALE

FOR PLACEMENT IN PUBLIC SCHOOL AGE SPECIAL EDUCATION CLASSES.

IF THE CHILD DOES NOT MEET EXIT CRITERIA AND THE CHILD'S IEP

OR IFSP DEMONSTRATES THAT THE CHILD WILL BENEFIT FROM

SERVICES WHICH CAN BE PROVIDED ONLY THROUGH SPECIAL

EDUCATION, NOTHING IN THIS ACT SHALL PREVENT THAT PLACEMENT.

IN EITHER CASE, TRANSITION SERVICES SHALL BE PROVIDED TO THE

CHILD AND THE CHILD'S PARENTS.

(15) A SYSTEM FOR THE PROVISION OF SERVICES TO CHILDREN

FROM BIRTH TO AGE TWO, INCLUSIVE, WHICH ARE IN COMPLIANCE

WITH PART [H] C.

(16) A SYSTEM FOR THE PROVISION OF SERVICES TO CHILDREN

THREE YEARS OF AGE TO AGE OF BEGINNERS WHICH IS IN COMPLIANCE

WITH PART B, THIS ACT AND REGULATIONS AND STANDARDS.

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Section 302. Program regulations and standards.

(a) [Public Welfare] Human Services.--The Department of

[Public Welfare] Human Services shall define and address the

following issues in developing regulations:

(1) Methods for locating and identifying eligible

children.

(2) Criteria for eligible programs.

(3) Contracting guidelines.

(4) Personnel qualifications and a system of preservice

and in-service training.

(5) Early intervention services.

(6) Procedural safeguards.

(7) Appropriate placement, including the least

restrictive environment.

(8) A system of quality assurance, including evaluation

of the developmental appropriateness; quality and

effectiveness of programs; assurance of compliance with

program standards; and provision of assistance to assure

compliance.

(9) Data collection and confidentiality.

(10) Interagency cooperation at the State and local

level through the State interagency agreement and local

interagency agreements.

(11) Content and development of IFSP's.

(12) Any other issues which are required under this act

and Part [H] C.

* * *

Section 303. Administration by Department of [Public Welfare]

Human Services.

(a) Assistance to counties.--From the sum appropriated to

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the Department of [Public Welfare] Human Services for the

purposes of this act, the department shall distribute funds to

the county mental health and mental retardation offices, under

section 509 of the act of October 20, 1966 (3rd Sp.Sess.,

P.L.96, No.6), known as the Mental Health and [Mental

Retardation] INTELLECTUAL DISABILITY Act of 1966, for the

provision of early intervention services to children from birth

to age two, inclusive. The county offices may meet their

obligation to assure appropriate early intervention services to

all eligible children through contracts with public or private

agencies that meet the requirements of the regulations and

program standards developed under this act. The county offices

shall assure annually that the service providers receiving funds

are in compliance with the Commonwealth's regulations and

standards.

(b) Federal benefits.--Nothing in this act shall preclude

medical or other assistance available under Title V or XIX of

the Social Security Act (Public Law 74-271, 42 U.S.C. § 701 et

seq. or § 1396 et seq.) or any other benefits available under

Federal law.

responsibility for eligible children from the Department of

[Public Welfare] Human Services to the Department of Education

at one time each year, consistent with the beginning of the

school year, the Secretary of [Public Welfare] Human Services

may delegate responsibility for serving certain children under

three years of age to the Department of Education and may accept

a delegation of responsibility from the Secretary of Education

under section 304(c) to serve certain children over the age of

three.

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(d) Use of funds.--From the sum of State funds appropriated

by the General Assembly to the Department of [Public Welfare]

Human Services for this act, the department shall use 2% to 4%

of the appropriation for personnel training and program

technical assistance.

Section 304. Administration by Department of Education.

* * *

Education shall provide for the transition of eligible children,

including handicapped infants and toddlers, who, prior to their

third birthday, received services under Part [H] C. The

Secretary of Education is authorized to accept responsibility

pursuant to delegation from the Secretary of [Public Welfare]

Human Services under section 303(c) for providing early

intervention services to children less than three years of age.

The Secretary of Education is authorized to delegate

responsibility to the Secretary of [Public Welfare] Human

Services for providing services for certain children over the

age of three.

* * *

Section 305. Child identification, assessment and tracking

system.

(a) Development of system.--The Department of [Public

Welfare] Human Services, the Department of Education and the

Department of Health shall develop a Statewide system for

eligible child identification, assessment and tracking. This

system shall be developed and coordinated by the agencies to

assure that the system is compatible with the child-find system

as required by Part B.

(b) At-risk children.--For the purposes of child

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identification, assessment and tracking for infants and

toddlers, the Department of [Public Welfare] Human Services

shall establish, by regulation, population groups to be included

in these activities. The population groups shall include, but

not be limited to, children whose birth weight is under 1,500

grams; children cared for in neonatal intensive care units of

hospitals; children born to chemically dependent mothers and

referred by a physician, health care provider or parent;

children who are seriously abused or neglected, as substantiated

and referred by the county children and youth agency under [the

act of November 26, 1975 (P.L.438, No.124), known as the Child

Protective Services Law] 23 Pa.C.S. Ch. 63 (relating to child

protective services); children with confirmed dangerous levels

of lead poisoning as set by the Department of Health; [and]

children who are homeless[.]; and children born to mothers who

are high risk for postpartum depression and referred by a

physician, health care provider or parent. The Department of

[Public Welfare] Human Services may establish other population

groups by regulation as it deems necessary.

need not be limited to, the provision of the following

activities and services:

(1) The identification of eligible children and referral

to early intervention services as soon after birth as

possible.

(2) Referral services for families of eligible children.

(3) Continuing assessment of at-risk children from birth

through age of beginners.

(4) A description of agencies providing early

intervention services and the services provided by each

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agency.

(5) Pertinent information regarding the exit of the

child from early intervention services.

(6) The orderly transfer of the accumulated information

to the appropriate provider upon the child's attainment of

age of beginners, except if the child has met exit criteria

contained in this act.

(d) Confidentiality.--Proper measures shall be developed and

implemented to assure the confidentiality of the data contained

in the system. Information shall be accessed only by appropriate

staff of the Department of [Public Welfare] Human Services, the

Department of Education and the Department of Health, including

the staff of each agency's local entities, such as county mental

health and mental retardation offices, school districts and

intermediate units, which are responsible for the provision of

services either directly or through subcontract to private

providers. Nothing in this section is intended to preclude the

utilization of data to provide for the preparation of reports,

fiscal information or other documents required by this act or

the [Education of the Handicapped Act;] INDIVIDUALS WITH

DISABILITIES EDUCATION ACT but no information may be used in a

manner which would allow for the identification of an individual

child or family.

Section 503. Effective date.

This act shall take effect as follows:

(1) For the purposes of meeting the program requirements

imposed upon the Department of [Public Welfare] Human

Services under the provisions of the Education of the

Handicapped Act Amendments of 1986 (Public Law 99-457, 100

Stat. 1145), this act shall take effect July 1, 1990.

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(2) The provisions of this act pertaining to the

entitlement of services by the Department of [Public Welfare]

Human Services shall take effect September 1, 1991.

(3) The provisions of this act pertaining to the

entitlement of services by the Department of Education shall

take effect July 1, 1991.

(4) The remainder of this act shall take effect

immediately.

Section 4 2. This act shall take effect in 60 days.

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