H1270B1740A05922 DMS:JSL 05/26/20 #90 A05922
AMENDMENTS TO HOUSE BILL NO. 1270
Sponsor: REPRESENTATIVE TOOHIL
Printer's No. 1740
Amend Bill, page 1, line 9, by inserting after "for"
legislative findings for early intervention, for
Amend Bill, page 1, line 10, by inserting after "definitions"
, for State interagency agreement, for other duties of State
agencies and for council
Amend Bill, page 1, line 11, by inserting after "for"
requirements, for administration by Department of Public
Welfare, for administration by Department of Education and
for
Amend Bill, page 1, line 12, by inserting after "system;"
in miscellaneous provisions, further providing for effective
date;
Amend Bill, page 1, lines 16 through 18, by striking out all
of said lines and inserting
Section 1. The title and sections 102, 103, 104, 105, 106,
301, 302, 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:
Amend Bill, page 2, lines 6 through 9, by striking out all of
said lines and inserting
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
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individuals being placed in institutions and enhance their
potential for independent living in society.
(4) Assist the families of [handicapped] eligible
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.
Amend Bill, page 2, line 14, by striking out all of said line
and inserting
"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.
(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
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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
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
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
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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.
[
Amend Bill, page 2, line 19, by striking out the bracket
before "Public"
Amend Bill, page 2, lines 19 and 20, by striking out "] Human
Services"
Amend Bill, page 3, line 4, by inserting a bracket after
"syndrome."
Amend Bill, page 3, line 5, by striking out all of said line
and inserting
"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
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.
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(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.).
Amend Bill, page 3, line 11, by striking out all of said line
and inserting
"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
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.)
Amend Bill, page 3, line 19, by inserting a bracket before
"H."
Amend Bill, page 3, line 19, by inserting after "H"
] C
Amend Bill, page 3, lines 20 through 22, by striking out all
of said lines
Amend Bill, page 3, line 27, by inserting after "serving"
eligible
Amend Bill, page 3, line 28, by inserting a bracket before
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the comma after "infants"
Amend Bill, page 3, line 28, by inserting after "infants,"
] and
Amend Bill, page 3, line 28, by inserting a bracket before
"who"
Amend Bill, page 3, line 29, by inserting a bracket after
"handicapped"
Amend Bill, page 5, line 1, by inserting a bracket before
"H."
Amend Bill, page 5, line 1, by inserting after "H"
] C
Amend Bill, page 5, line 27, by striking out all of said line
and inserting
(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
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.
Amend Bill, page 5, line 30, by striking out all of said line
and inserting
(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
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and developmental services administrator or designee.
(8) One individual involved in personnel preparation.
(9) The Secretary of Education or a designee.
Amend Bill, page 6, line 3, by striking out all of said line
and inserting
(11) The Secretary of Health or a designee.
(12) As ex officio members, who shall not have voting
privileges: a representative of the Developmental
Disabilities Planning Council and members appointed by the
chair of the council.
(c) Designees.--The designees of the cabinet officers under
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.
Amend Bill, page 6, line 13, by striking out all of said line
and inserting
(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
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.
Amend Bill, page 6, line 30, by striking out all of said line
and inserting
(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
costs incurred, including costs related to child care.
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Amend Bill, page 7, line 12, by inserting a bracket before
"handicapped"
Amend Bill, page 7, line 12, by inserting after "handicapped"
] eligible
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the comma after "infants"
Amend Bill, page 7, line 12, by inserting after "infants,"
] and
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and inserting
(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
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.
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(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
[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.
Amend Bill, page 8, line 18, by inserting a bracket before
"H."
Amend Bill, page 8, line 18, by inserting after "H"
] C
Amend Bill, page 8, line 27, by inserting a bracket before
"Mental" where it occurs the second time
Amend Bill, page 8, line 27, by inserting after "Retardation"
] Intellectual Disability
Amend Bill, page 10, line 2, by inserting a bracket before
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"H."
Amend Bill, page 10, line 2, by inserting after "H"
] C
Amend Bill, page 12, line 10, by inserting a bracket before
"Education"
Amend Bill, page 12, line 10, by inserting after "Act;"
] Individuals with Disabilities Education Act
Amend Bill, page 12, line 28, by striking out "4" and
inserting
2
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