PRIOR PRINTER'S NO. 2358 PRINTER'S NO. 3471
No. 1861 Session of 1989
INTRODUCED BY COWELL, BURNS, DOMBROWSKI, ROEBUCK, TRELLO, EVANS,
KOSINSKI, FOX, LESCOVITZ, DALEY, YANDRISEVITS, BATTISTO,
BORTNER, COLAFELLA, PISTELLA, WASS, E. Z. TAYLOR, LINTON,
COY, STAIRS, KUKOVICH, MAYERNIK, OLASZ, GIGLIOTTI, LEVDANSKY,
FREEMAN, MARKOSEK, McVERRY, FREIND, SCHULER, HERMAN, ITKIN,
RICHARDSON, DeLUCA, STUBAN, THOMAS, MURPHY, McNALLY,
MICHLOVIC, LAUGHLIN, STEIGHNER, ROBINSON, DAVIES, KAISER,
McHALE, WILLIAMS, LaGROTTA, B. D. CLARK, COLE, RUDY, TIGUE,
PETRONE AND CAPPABIANCA, JUNE 30, 1989
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 21, 1990
AN ACT
1 Providing for early intervention education and identification of <--
2 preschool children who qualify.
3 TABLE OF CONTENTS
4 Chapter 1. General Provisions
5 Section 101. Short title.
6 Section 102. Legislative findings.
7 Section 103. Definitions.
8 Section 104. Interagency Coordinating Council.
9 Section 105. Powers and duties.
10 Chapter 2. Statewide System for the Provision of Early
11 Intervention Services.
12 Section 201. Requirements for Statewide system.
13 Section 202. Program standards and regulations.
14 Section 203. Administration.
1 Section 204. Use of funds.
2 Section 205. Child identification, assessment and tracking
3 system.
4 Section 206. Personnel training.
5 Section 207. Individualized family service plans.
6 Section 208. IEPs and IFSPs for eligible three- to five-year
7 old children.
8 Section 209. Exit criteria.
9 Chapter 3. Preschool Incentive Program
10 Section 301. Program availability.
11 Chapter 4. Miscellaneous Provisions
12 Section 401. Appropriations.
13 Section 402. Effective date.
14 PROVIDING FOR EARLY INTERVENTION SERVICES FOR INFANTS, TODDLERS <--
15 AND PRESCHOOL CHILDREN WHO QUALIFY; ESTABLISHING THE
16 INTERAGENCY COORDINATING COUNCIL AND PROVIDING FOR ITS POWERS
17 AND DUTIES; AND CONFERRING POWERS AND DUTIES UPON THE
18 DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, THE
19 DEPARTMENT OF HEALTH AND THE DEPARTMENT OF PUBLIC WELFARE.
20 TABLE OF CONTENTS
21 CHAPTER 1. GENERAL PROVISIONS
22 SECTION 101. SHORT TITLE.
23 SECTION 102. LEGISLATIVE FINDINGS FOR EARLY INTERVENTION.
24 SECTION 103. DEFINITIONS.
25 SECTION 104. STATE INTERAGENCY AGREEMENT.
26 SECTION 105. OTHER DUTIES OF STATE AGENCIES.
27 SECTION 106. COUNCIL.
28 CHAPTER 3. STATEWIDE SYSTEM FOR PROVISION OF EARLY INTERVENTION
29 SERVICES
30 SECTION 301. REQUIREMENTS.
19890H1861B3471 - 2 -
1 SECTION 302. PROGRAM REGULATIONS AND STANDARDS.
2 SECTION 303. ADMINISTRATION BY DEPARTMENT OF PUBLIC WELFARE.
3 SECTION 304. ADMINISTRATION BY DEPARTMENT OF EDUCATION.
4 SECTION 305. CHILD IDENTIFICATION, ASSESSMENT AND TRACKING
5 SYSTEM.
6 CHAPTER 5. MISCELLANEOUS PROVISIONS
7 SECTION 501. REGULATIONS AND STANDARDS.
8 SECTION 502. EXISTING PROGRAMS.
9 SECTION 503. EFFECTIVE DATE.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 CHAPTER 1 <--
13 GENERAL PROVISIONS
14 Section 101. Short title.
15 This act shall be known and may be cited as the Early
16 Intervention Services System and At-Risk Preschool Children
17 Incentive Program Act.
18 Section 102. Legislative findings.
19 (a) Needs.--The General Assembly finds that there is a need
20 to:
21 (1) Increase the opportunity for the development of
22 handicapped infants, toddlers and preschool children in order
23 to minimize their potential for developmental delay.
24 (2) Minimize the need for special education services as
25 these handicapped infants, toddlers and preschool children
26 attain public school age.
27 (3) Reduce the number of such handicapped individuals
28 being placed in institutions and enhance their potential for
29 independent living in society.
30 (4) Assist the families of handicapped infants, toddlers
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1 and preschool children to meet their children's special
2 needs.
3 (5) Implement the provisions of the Education of the
4 Handicapped Act Amendments (Public Law 99-457; 100 Stat.
5 1145), in order to be eligible to receive Federal funding to
6 help establish and maintain programs and services to assist
7 handicapped infants, toddlers and preschool children and
8 their families.
9 (6) Reduce the likelihood of school failure by providing
10 financial support for child development programs for children
11 who are at risk for school failure because they are
12 economically disadvantaged or who do not have English as
13 their primary language.
14 (b) Remedy.--The General Assembly further finds that early
15 intervention services for handicapped infants, toddlers and
16 preschoolers and their families are cost-effective and
17 effectively serve the developmental needs of handicapped
18 children.
19 Section 103. Definitions.
20 The following words and phrases when used in this act shall
21 have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Council." The Interagency Coordinating Council established
24 under this act.
25 "Early intervention services." Developmental services which
26 are:
27 (1) Provided under public supervision.
28 (2) Provided at no cost to the child's family.
29 (3) Designed to meet a handicapped infant's, toddler's
30 or preschool child's developmental needs in any one or more
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1 of the following areas:
2 (i) Physical development.
3 (ii) Cognitive development.
4 (iii) Sensory development.
5 (iv) Language and speech development.
6 (v) Psycho-social development.
7 (vi) Self-help skills.
8 (4) Developed to meet the standards and regulations of
9 the Interagency Coordinating Council and which meet the
10 requirements of Chapter 2, including, but not limited to the
11 following:
12 (i) Family training.
13 (ii) Counseling and home visits.
14 (iii) Special instruction.
15 (iv) Speech pathology and audiology.
16 (v) Occupational therapy.
17 (vi) Physical therapy.
18 (vii) Psychological services.
19 (viii) Case management services.
20 (ix) Medical services only for diagnostic or
21 evaluation purposes.
22 (x) Early identification, screening and assessment
23 services.
24 (xi) Health services necessary to enable the infant,
25 toddler or preschool child to benefit from the other
26 early intervention services.
27 (5) Provided by qualified personnel, including special
28 educators, speech and language pathologists and audiologists,
29 occupational therapists, physical therapists, psychologists,
30 social workers, nurses and nutritionists.
19890H1861B3471 - 5 -
1 (6) Provided in conformity with an individualized family
2 service plan adopted in accordance with section 207.
3 (7) Provided in the least restrictive environment
4 appropriate to the child's needs. Pursuant to this section,
5 early intervention services for eligible three- to five-year
6 old inclusive children may be provided in programs developed
7 under Chapter 3 or in any other integrated setting that meets
8 the standards of the council.
9 For the purposes of Chapter 2, the term "early intervention
10 services" shall supersede the term special education and related
11 services and shall be considered to meet the requirements of the
12 Education of the Handicapped Act (Public Law 94-142) and the
13 Education of the Handicapped Act Amendments (Public Law 99-457;
14 100 Stat. 1145) as they relate to children age three to five
15 years old, inclusive.
16 "Handicapped infants, toddlers, and preschool children."
17 Individuals ranging in age from birth to five years who need
18 early intervention services for any of the following reasons:
19 (1) They are experiencing developmental delays as
20 measured by appropriate diagnostic instruments and procedures
21 in one or more of the following areas: cognitive development,
22 sensory development, physical development, language and
23 speech development, psycho-social development or self-help
24 skills.
25 (2) They have a diagnosed physical or mental condition
26 which has a high probability of resulting in developmental
27 delay or meet the definition of "exceptional children" as
28 contained in section 1371 of the act of March 10, 1949
29 (P.L.30, No.14), known as the Public School Code of 1949,
30 excluding those children with no handicapping condition and
19890H1861B3471 - 6 -
1 who are considered gifted or talented pursuant to 22 Pa. Code
2 § 13.1(C)(ii) (relating to definitions).
3 (3) They are at risk of developing substantial
4 developmental delays if early intervention services are not
5 provided under Chapter 2.
6 "IEP." Individualized Education Plan.
7 "IFSP." Individual Family Service Plan.
8 "Interagency agreement." An agreement entered into by the
9 Department of Education, Department of Health, Department of
10 Public Welfare, and any other Commonwealth agency, for the
11 purposes of this act and the Education of the Handicapped Act
12 Amendments (Public Law 99-457; 100 Stat. 1145).
13 "Lead agency." The Department of Public Welfare, for early
14 intervention services to eligible children ages birth to two
15 years and seven months; and the Department of Education, for
16 early intervention services to eligible children ages two years
17 and seven months to five years.
18 "Local agreement." An agreement entered into by council-
19 designated parties to establish the provision of early
20 intervention services within a specified geographic area in
21 accordance with council policy, this act and the Education of
22 the Handicapped Act Amendments (Public Law 99-457; 100 Stat.
23 1145).
24 Section 104. Interagency Coordinating Council.
25 (a) Creation.--There is hereby created the Governor's
26 Interagency Coordinating Council which shall consist of 15
27 voting members and two ex officio members appointed by the
28 Governor and which shall serve as the council required by the
29 provisions of Title I of the Education of the Handicapped Act
30 Amendments (Public Law 99-457; 100 Stat. 1145). The term of
19890H1861B3471 - 7 -
1 office of the members shall be three years.
2 (b) Membership.--The membership of the Council shall consist
3 of the following:
4 (1) Three parents of handicapped infants or toddlers or
5 preschool children ages birth through six years.
6 (2) One parent of a nonhandicapped child attending a
7 child development program or a Head Start program funded
8 under Chapter 3.
9 (3) Three providers of early intervention services,
10 including one school district provider, one intermediate unit
11 provider and one private provider.
12 (4) Two providers of child development programs,
13 including one school district provider and one Head Start
14 provider.
15 (5) One representative from the General Assembly.
16 (6) One person involved in personnel preparation.
17 (7) One representative of the Academy of Pediatricians.
18 (8) The Secretary of Education or his designee.
19 (9) The Secretary of Public Welfare or his designee.
20 (10) The Secretary of Health or his designee.
21 (11) The following ex-officio members who shall not have
22 voting privileges: a representative of a county mental
23 health/mental retardation office; and an employee of the
24 Department of Education working in the field of early
25 childhood development.
26 (c) Designees.--The secretaries' designees, as set forth in
27 subsection (b), shall be appropriate deputy secretaries,
28 commissioners or bureau directors.
29 (d) Officers.--The chair of the council shall be appointed
30 by the Governor and shall be selected from those members who are
19890H1861B3471 - 8 -
1 not employees of the Commonwealth nor elected officials.
2 Section 105. Powers and duties.
3 (a) Specific.--The council shall have the power and its duty
4 shall be:
5 (1) To promulgate regulations and standards for the
6 implementation of a Statewide system of early intervention
7 services which are in accordance with the provisions of this
8 act and the Education of the Handicapped Act Amendments
9 (Public Law 99-457; 100 Stat. 1145). The council shall work
10 in cooperation with the Department of Education, the
11 Department of Health and the Department of Public Welfare to
12 develop and implement a Statewide comprehensive, coordinated,
13 multidisciplinary, interagency program of early intervention
14 services for each eligible handicapped child, age birth
15 through five years inclusive and their family by July 1,
16 1991. This program is intended to ensure the availability of
17 quality early intervention services to all eligible children
18 and their families and shall emphasize efforts to increase
19 the capability of existing early intervention services
20 providers to deliver such services.
21 (2) To promulgate regulations and standards for the
22 development of individualized family service plans.
23 (3) To promulgate regulations and standards which
24 provide procedures for a child to exit from early
25 intervention services.
26 (4) To develop in conjunction with the Department of
27 Education, Department of Health and Department of Public
28 Welfare, a Statewide system for eligible child
29 identification, assessment and tracking.
30 (5) To promulgate regulations and standards providing
19890H1861B3471 - 9 -
1 for the development and approval of local agreements for the
2 provision of early intervention services.
3 (6) To promulgate regulations and standards for the
4 implementation of a child development program for eligible
5 preschool children identified as being at risk for school
6 failure under section 301(e). The council shall work in
7 cooperation with the Department of Education under the
8 provisions of Chapter 3 to establish child development
9 incentive programs for children at risk for school failure
10 and make grants available to qualified programs proposed by
11 school districts and Head Start programs.
12 (7) To advise and assist the lead agencies in the
13 performance of their responsibilities as set forth in this
14 act. This shall include, but not be limited to, the
15 identification of the sources of fiscal and other support for
16 early intervention and child development services and
17 programs, the assignment of financial responsibility to the
18 appropriate agency and the promotion of interagency
19 agreements.
20 (8) To cooperate with the Department of Education, the
21 Department of Health and the Department of Public Welfare to
22 develop and coordinate a system of utilization of all funding
23 sources including Federal, State, local and private sources,
24 including public and private insurance coverage.
25 (9) To develop in conjunction with the Department of
26 Education, the Department of Health and the Department of
27 Public Welfare, a Statewide system for eligible child
28 identification, assessment and tracking.
29 (10) To recommend to the Department of Public Welfare
30 and the State Board of Education guidelines and programs for
19890H1861B3471 - 10 -
1 development of inservice training, qualifications and
2 educational requirements for issuance of licenses and
3 certifications by the council.
4 (11) To advise and assist the lead agencies in the
5 preparation of applications for Federal funding and
6 amendments thereto.
7 (12) To recommend annually to the Governor and the
8 secretaries of the lead agencies, levels of State
9 appropriations necessary to fulfill the obligations of this
10 act. The recommendation shall include the council's operating
11 budget request for the next fiscal year.
12 (13) To prepare and submit an annual report during the
13 month of September to the Governor, the Secretary of
14 Education, the Secretary of Health and the Secretary of
15 Public Welfare, and the Majority and Minority Chairmen of the
16 Education Committees of both the House of Representatives and
17 the Senate. For early intervention programs and child
18 development programs each, this report shall include the
19 number of programs being provided by intermediate units,
20 school districts, private providers and Head Start; the
21 number of children being served; the number of underserved
22 and unserved children by individual program and in the
23 aggregate for the State; annual expenditures from all funding
24 sources, including Federal, State, local and private;
25 information on the quality of programs and the status of
26 compliance with State standards; information on personnel
27 needs; any suggested changes in State law and regulations
28 governing these programs the council deems necessary;
29 projected costs of the programs; and any other information
30 the council deems appropriate.
19890H1861B3471 - 11 -
1 (14) To meet at least six times a year in such places as
2 it deems necessary. The meetings shall be publicly announced,
3 and, to the extent appropriate, open and accessible to the
4 general public.
5 (15) To prepare and adopt a budget using funds
6 appropriated under this act and any funds through Title I and
7 Title II of the Education of the Handicapped Act Amendments
8 to provide for the costs of travel for members and staff,
9 including costs related to parent participation such as child
10 care.
11 (16) To employ staff and obtain the services of such
12 professional, technical and clerical personnel as may be
13 necessary to carry out the provisions of this act.
14 (b) General.--The council is also authorized to perform any
15 other functions required of a state's interagency coordinating
16 council under the provisions of the Education of the Handicapped
17 Act Amendments.
18 CHAPTER 2
19 STATEWIDE SYSTEM FOR THE PROVISION OF EARLY INTERVENTION SERVICES
20 Section 201. Requirements for Statewide system.
21 A Statewide system of coordinated, comprehensive,
22 multidisciplinary, interagency programs which shall be
23 established and implemented by the council to provide
24 appropriate early intervention services to all handicapped
25 infants, toddlers and preschool children and their families
26 shall include the following minimum components:
27 (1) A definition of the term "developmentally delayed"
28 that will be developed by the council and will be used by the
29 council and by the Department of Education, the Department of
30 Health, and the Department of Public Welfare in carrying out
19890H1861B3471 - 12 -
1 programs under this act.
2 (2) An assurance that appropriate early intervention
3 services are available to all eligible handicapped infants,
4 toddlers and preschool children by July 1, 1991.
5 (3) A timely, comprehensive, multidisciplinary
6 evaluation of the functioning of each handicapped infant,
7 toddler and preschooler and the needs of the families to
8 appropriately assist in the development of the handicapped
9 infant, toddler and preschool child.
10 (4) For each handicapped infant, toddler and preschool
11 child, an IFSP in accordance with section 207 of this act,
12 including case management services in accordance with such
13 service plan.
14 (5) A comprehensive child find system including a system
15 for making referrals to service providers that includes
16 timelines and provides for the participation by primary
17 referral sources.
18 (6) A public awareness program focusing on early
19 identification of handicapped infants, toddlers and preschool
20 children.
21 (7) A central directory which includes early
22 intervention services, resources, and experts available in
23 this Commonwealth and research and demonstration projects
24 being conducted in this Commonwealth.
25 (8) A comprehensive system of personnel development and
26 policies and procedures relating to the establishment and
27 maintenance of standards to ensure that personnel necessary
28 to carry out this part are appropriately and adequately
29 prepared and trained.
30 (9) A procedure for securing timely reimbursement of
19890H1861B3471 - 13 -
1 funds.
2 (10) Procedural safeguards with respect to programs
3 under this chapter.
4 (11) A system for compiling data on the numbers of
5 handicapped infants, toddlers and preschool children and
6 their families in this Commonwealth in need of appropriate
7 early intervention services, the numbers of such infants,
8 toddlers and preschool children and their families served and
9 the types of services provided.
10 (12) A system of programs standards, evaluation and
11 compliance.
12 (13) A system for the provision of services, to children
13 from ages birth through five years inclusive, which are in
14 compliance with the provisions of the Education of the
15 Handicapped Act (Public Law 94-142). For the purposes of this
16 act, funding for the service of transportation shall be
17 appropriated to both the Department of Education and the
18 Department of Public Welfare as separate line items. The
19 council shall develop such regulations and standards as
20 needed for the distribution of these funds.
21 Section 202. Program standards and regulations.
22 The council shall define and address the following issues
23 during its development of regulations and standards:
24 (1) Criteria for locating and identifying eligible
25 children.
26 (2) Criteria for eligible programs.
27 (3) Funding mechanisms and contracting guidelines.
28 (4) Personnel qualifications and a system of preservice
29 and inservice training.
30 (5) Early intervention services.
19890H1861B3471 - 14 -
1 (6) Procedural safeguards.
2 (7) Appropriate placement, including the least
3 restrictive environment.
4 (8) A system of quality assurance, including evaluation
5 of the developmental appropriateness, quality and
6 effectiveness of programs and the Statewide system, assurance
7 of compliance to program standards and provision of
8 assistance to assist in compliance.
9 (9) Data collection and confidentiality.
10 (10) Interagency cooperation at the State and local
11 level.
12 (11) Content and development of IFSPs.
13 (12) Any other issues which are required under this act
14 and the Education of the Handicapped Act Amendments (Public
15 Law 99-457; 100 Stat. 1145).
16 Section 203. Administration.
17 (a) Assistance to counties.--From the sum appropriated by
18 the General Assembly to the Department of Public Welfare for the
19 purposes of this act, the department shall distribute funds to
20 the county mental health and mental retardation offices for the
21 provisions of early intervention services to children from birth
22 to the age of two years and seven months. For the purposes of
23 this act, the county mental health and mental retardation
24 offices shall not be required to provide a local match to draw
25 down the State funds under the act of October 20, 1966 (3rd
26 Sp.Sess., P.L.96, No.6), known as the Mental Health and Mental
27 Retardation Act of 1966. The county offices may meet their
28 obligation to assure appropriate early intervention services to
29 all eligible children through contracts with public or private
30 nonprofit agencies that meet the requirements of the regulations
19890H1861B3471 - 15 -
1 and program standards developed pursuant to this act. The county
2 offices must assure annually that the service providers
3 receiving such funds are in compliance with the State's
4 regulations and standards.
5 (b) Assistance to intermediate units and school districts.--
6 From the sum appropriated by the General Assembly to the
7 Department of Education for the purposes of this act, the
8 department shall distribute funds to intermediate units and
9 school districts for the provision of early intervention
10 services for children ranging in age from two years and seven
11 months to five years. Intermediate units and school districts
12 may meet their obligations to assure appropriate early
13 intervention services to all eligible children through contracts
14 with public or private nonprofit agencies in their catchment
15 areas that meet the requirements of the regulations and
16 standards developed under this act. Intermediate units and
17 school districts shall assure the department annually that the
18 service provider is in compliance with the State's regulations
19 and standards.
20 Section 204. Use of funds.
21 (a) Direction of activities.--Funds appropriated by the
22 General Assembly for the purposes of this chapter shall be used
23 for the following activities:
24 (1) The planning, development and implementation of a
25 Statewide system of early intervention services through the
26 joint effort of the Department of Education, the Department
27 of Public Welfare and the Department of Health through their
28 participation on the Interagency Coordinating Council.
29 (2) The provision of direct services for handicapped
30 infants, toddlers and preschool children.
19890H1861B3471 - 16 -
1 (3) The expansion, as needed, and improvement of
2 existing services for handicapped infants, toddlers and
3 preschool children.
4 (4) No more than 3% of each department's annual
5 appropriation shall be allocated for personnel training and
6 program technical assistance.
7 (b) Report.--The Department of Education, the Department
8 Public Welfare and the Department of Health shall submit
9 annually in August a report to the council on the status of
10 early intervention services in the Commonwealth containing the
11 information that the council may require.
12 Section 205. Child identification, assessment and tracking
13 system.
14 (a) Development of system.--The council shall develop, in
15 conjunction with the Department of Public Welfare, the
16 Department of Education and the Department of Health, a
17 Statewide system for eligible child identification, assessment
18 and tracking. The development and maintenance of the system
19 shall be funded by annual appropriations to the Department of
20 Welfare by the General Assembly. This system shall be developed
21 and coordinated by the departments to insure that the system is
22 compatible with the Federal Department of Education's system of
23 child find as required by the Education of the Handicapped Act
24 (Public Law 94-142).
25 (b) Components of system.--The system shall include, but not
26 be limited to, the provision of the following activities and
27 services:
28 (1) The earliest identification of eligible children as
29 soon after birth as possible.
30 (2) Referral services for families of eligible children.
19890H1861B3471 - 17 -
1 (3) Continuing assessment of at-risk children.
2 (4) A description of agencies providing early
3 intervention services and the services provided by each such
4 agency.
5 (5) Pertinent information regarding the exit of the
6 child from early intervention services.
7 (6) The orderly transfer of the accumulated information
8 to the appropriate public provider upon the child's
9 attainment of public school age.
10 (c) Confidentiality.--Proper measures shall be developed and
11 implemented to insure the confidentiality of the data contained
12 in the system. Information shall be accessed only by appropriate
13 Department of Public Welfare, Department of Education and
14 Department of Health staff and each agency's local entities,
15 such as county MH/MR offices, school districts and intermediate
16 units, which are responsible for the provision of services
17 either directly or through subcontract to approved private
18 providers. Nothing in this section is intended to preclude the
19 utilization of this data to provide for the preparation of
20 annual reports, fiscal information or other documents necessary,
21 but no information is used which would allow for the immediate
22 identification of an individual child or family.
23 Section 206. Personnel training.
24 (a) Assignment.-- Recognizing the current shortage in
25 individuals trained in early childhood education for both
26 handicapped and nonhandicapped preschool children, the council,
27 in conjunction with the Department of Public Welfare and the
28 State Board of Education, shall provide for the development of
29 inservice training guidelines and programs and shall recommend,
30 for approval by the Department of Education and the State Board
19890H1861B3471 - 18 -
1 of Education, regulations and standards pertaining to
2 qualifications and educational requirements for the issuance of
3 appropriate licenses and certifications by the council.
4 (b) Regulation of personnel.--Regulations or standards
5 promulgated by the Department of Public Welfare or the State
6 Board of Education under this section shall be sensitive to the
7 vital role parents play in the provision of services to their
8 children and their important role as, at the parent's option, an
9 aide to certified or licensed personnel. The regulations or
10 standards shall make provision for the inclusion as properly
11 licensed or certified those individuals currently employed
12 either through a grandfathering clause or through a reasonable
13 in-service development program.
14 Section 207. Individualized family service plans.
15 (a) Duty to provide.--Each handicapped infant, toddler or
16 preschool child whose family chooses to participate in an early
17 intervention program shall receive the following from the
18 program provider:
19 (1) A multidisciplinary assessment of unique needs and
20 the identification of services appropriate to meet such
21 needs.
22 (2) A written IFSP developed by a multidisciplinary
23 team, including the parent or guardian, as required under
24 subsection (d).
25 (b) Annual review.--The IFSP shall be evaluated once a year
26 and the family shall be provided a review of the plan at six
27 month intervals, or more often where appropriate based on the
28 child and family needs.
29 (c) Development.--The IFSP shall be developed within a
30 reasonable time, as prescribed by the regulations and standards
19890H1861B3471 - 19 -
1 of the council, after the assessment required under subsection
2 (a)(1) is completed. With the permission of the parent or
3 guardian, early intervention services may commence prior to the
4 completion of the assessment.
5 (d) Components.--The IFSP shall be in writing and contain
6 the following:
7 (1) A statement of the infant's, toddler's or preschool
8 child's present levels of physical development, cognitive
9 development, sensory development, language and speech
10 development, behavioral or psycho-social development and
11 self-help skills, based on acceptable objective criteria.
12 (2) A statement of the family's strengths and needs
13 relating to enhancing the development of the family's
14 handicapped infant, toddler or preschool child.
15 (3) A statement of the major outcomes expected to be
16 achieved for the child and the family, and the criteria,
17 procedures and timelines used to determine the degree to
18 which progress toward achieving the outcomes are being made
19 and whether modifications or revisions of the outcomes or
20 services are necessary.
21 (4) A statement of specific early intervention services
22 necessary to meet the unique needs of the child and the
23 family, including, the frequency, intensity and method of
24 delivering services.
25 (5) The projected dates for initiation of service and
26 the anticipated duration of such services.
27 (6) The name of the case manager who will be responsible
28 for the implementation of the plan and coordination with
29 other agencies and persons.
30 (7) The steps to be taken supporting the transition of
19890H1861B3471 - 20 -
1 the handicapped child to other early intervention or school-
2 aged services.
3 (8) Any other provisions the council deems appropriate.
4 Section 208. IEPs and IFSPs for eligible three- to five-year
5 old children.
6 Individual Family Service Plans shall be developed for each
7 eligible child aged two years and seven months to five years.
8 The IEP-IFSP shall meet the requirements for IEPs under Part B
9 of the Education of the Handicapped Act (Public Law 94-142; 100
10 Stat. 1145) and the requirements of the IFSP under Part H of the
11 Education of Handicapped Act (P.L. 99-457) and shall be a single
12 document.
13 Section 209. Exit criteria.
14 The council shall adopt regulations and standards which
15 provide procedures for a child to exit from early intervention
16 services. This exit plan must address both the needs of the
17 child who has attained public school age as well as the child
18 who, at any age between birth and five years inclusive, no
19 longer meets the eligibility criteria. If a child has been
20 successful in obtaining age, appropriate behavior and abilities,
21 the fact that the child participated in early intervention
22 services shall not be communicated to the school district unless
23 the parent so chooses nor shall it be considered as a rationale
24 for placement in public school age special education classes.
25 However, if the child does not meet exit criteria and the
26 child's IEP-IFSP demonstrates that the child will benefit from
27 services which can be provided only through special education,
28 nothing in this act shall prevent that placement. In either
29 case, transition services shall be provided to the child and his
30 parents.
19890H1861B3471 - 21 -
1 CHAPTER 3
2 PRESCHOOL INCENTIVE PROGRAM
3 Section 301. Program availability.
4 (a) Establishment.--The General Assembly hereby establishes
5 the Pre-School Incentive Program for eligible preschool children
6 who are at risk of school failure and who may benefit from the
7 opportunity to participate in a developmentally appropriate
8 child development program that is reasonably calculated to
9 provide preparation for successful participation in public
10 schools.
11 (b) Providers.--School districts and Federally funded local
12 Head Start programs may apply for funding under this chapter.
13 School districts may develop district programs for three- and
14 four-year old eligible children, as well as expand kindergarten
15 programs for five-year old eligible children.
16 (c) Standards.--Eligible school district programs, including
17 kindergarten and Head Start programs, shall be developmentally
18 appropriate and shall meet the accreditation standards of the
19 National Association for the Education of Young Children as well
20 as any other regulations of the Interagency Coordinating
21 Council. State funded Head Start programs must also meet the
22 requirements of Title VI (Subchapter B - Head Start Programs) of
23 the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35;
24 95 Stat. 499; 42 U.S.C. § 9831 et seq.).
25 (d) Program supervision.--Eligible programs shall be under
26 the direct supervision of at least one individual who is either
27 certificated in early childhood education or who meets the
28 requirements of Chapter 2.
29 (e) Funding availability.--Eligible school district programs
30 or Head Start programs may apply to the Secretary of Education
19890H1861B3471 - 22 -
1 for funding for such programs. The application for funding shall
2 require the designation of the models to be used (Head Start,
3 preschool, center-based, home-based); the extent of parent
4 involvement and training; and the extent to which handicapped
5 children as defined in Chapter 1 will be integrated.
6 (f) Eligibility.--
7 (1) A child shall be deemed at risk of school failure
8 and eligible to participate under this subsection if the
9 child is three to five years of age and either of the
10 following applies:
11 (i) He is a member of a household or family whose
12 income is at or below the poverty level under criteria
13 used by the U.S. Bureau of the Census in compiling the
14 most recent decennial census, including homeless or
15 migrant children.
16 (ii) He is a person for whom English is not the
17 primary language.
18 (2) A child who is at risk of school failure under
19 subsection (b)(1) shall be eligible to participate in the
20 program if the child will reach his or her third or fourth
21 birthday in the school year in which the program is offered.
22 (g) Administration.--
23 (1) The council shall promulgate such regulations and
24 standards as are necessary for the implementation of this
25 chapter. Such regulations and standards shall address, at a
26 minimum, the following areas and shall apply to any public or
27 private agency that conducts a child development program with
28 the following:
29 (i) Developmentally appropriate practices for
30 programs serving three, four- and five-year old children.
19890H1861B3471 - 23 -
1 Programs shall address appropriate curricula and
2 emphasize language communication and social skills which
3 are developmentally appropriate and that are important to
4 successful participation in kindergarten and first grade.
5 (ii) Methods to facilitate involvement of parents,
6 including outreach to assure dissemination of information
7 about the availability of the program, and assistance to
8 parents in working with their children.
9 (iii) Appropriate child-to-staff ratios and group
10 size.
11 (iv) The appointment, recruitment and training of
12 personnel with appropriate certification in early
13 childhood education or related fields.
14 (v) The coordination of services with other State
15 and local human service agencies.
16 (2) Programs funded under this chapter shall receive
17 inservice training and technical assistance provided through
18 the Department of Education. The department may set aside up
19 to 5% of the funds available under this chapter for the
20 administration of this program and for providing training and
21 technical assistance.
22 (3) The Department of Education shall submit to the
23 council annually in August a report on the status of the
24 child development program established by this chapter and
25 other information required by the council.
26 (h) Distribution of funding.--From the annual appropriation
27 provided by the General Assembly to the Department of Education
28 for the purposes of this chapter, the Department of Education
29 shall fund approved district or Head Start proposals. The
30 Department of Education shall coordinate all available
19890H1861B3471 - 24 -
1 resources, including Federal and State funding, for the Pre-
2 School Incentive Program.
3 (1) Priority in funding shall be given to expanding
4 existing eligible Head Start programs which meet the
5 requirements of this chapter and the council.
6 (2) School districts may establish new programs upon
7 provision of documentation that there is an eligible
8 population not being served and that there are insufficient
9 eligible Head Start programs available within the school
10 district area to provide the services.
11 CHAPTER 4
12 MISCELLANEOUS PROVISIONS
13 Section 401. Appropriations.
14 Annually, the General Fund budget shall include separate
15 appropriations for the following:
16 (1) The administration of the Interagency Coordinating
17 Council.
18 (2) Early intervention programs funded by the Department
19 of Education.
20 (3) Early intervention programs funded by the Department
21 of Public Welfare.
22 (4) Transportation costs for eligible children attending
23 early intervention programs funded by the Department of
24 Education.
25 (5) Transportation costs for eligible children attending
26 early intervention programs funded by the Department of
27 Public Welfare.
28 (6) The Preschool Incentive Program in the Department of
29 Education.
30 Section 402. Effective date.
19890H1861B3471 - 25 -
1 This act shall take effect July 1, 1990.
2 CHAPTER 1 <--
3 GENERAL PROVISIONS
4 SECTION 101. SHORT TITLE.
5 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE EARLY
6 INTERVENTION SERVICES SYSTEM ACT.
7 SECTION 102. LEGISLATIVE FINDINGS FOR EARLY INTERVENTION.
8 (A) NEEDS.--THE GENERAL ASSEMBLY FINDS THAT THERE IS A NEED
9 TO:
10 (1) INCREASE THE OPPORTUNITY FOR THE DEVELOPMENT OF
11 INFANTS, TODDLERS AND ELIGIBLE YOUNG CHILDREN WHO ARE
12 HANDICAPPED IN ORDER TO MINIMIZE THEIR POTENTIAL FOR
13 DEVELOPMENTAL DELAY.
14 (2) MINIMIZE THE NEED FOR SPECIAL EDUCATION SERVICES AS
15 THESE INFANTS, TODDLERS AND ELIGIBLE YOUNG CHILDREN WHO ARE
16 HANDICAPPED ATTAIN THE AGE OF BEGINNERS.
17 (3) REDUCE THE NUMBER OF HANDICAPPED INDIVIDUALS BEING
18 PLACED IN INSTITUTIONS AND ENHANCE THEIR POTENTIAL FOR
19 INDEPENDENT LIVING IN SOCIETY.
20 (4) ASSIST THE FAMILIES OF HANDICAPPED INFANTS AND
21 TODDLERS TO MEET THEIR CHILDREN'S SPECIAL NEEDS.
22 (5) IMPLEMENT THE PROVISIONS OF PARTS B AND H IN ORDER
23 TO BE ELIGIBLE TO RECEIVE FEDERAL FUNDING TO HELP ESTABLISH
24 AND MAINTAIN PROGRAMS AND SERVICES TO ASSIST HANDICAPPED
25 INFANTS, TODDLERS AND THEIR FAMILIES AND ELIGIBLE YOUNG
26 CHILDREN.
27 (B) REMEDY.--THE GENERAL ASSEMBLY FURTHER FINDS THAT EARLY
28 INTERVENTION SERVICES FOR HANDICAPPED INFANTS, TODDLERS AND
29 THEIR FAMILIES AND ELIGIBLE YOUNG CHILDREN ARE COST-EFFECTIVE
30 AND EFFECTIVELY SERVE THE DEVELOPMENTAL NEEDS OF CHILDREN WHO
19890H1861B3471 - 26 -
1 ARE HANDICAPPED.
2 SECTION 103. DEFINITIONS.
3 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
4 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
5 CONTEXT CLEARLY INDICATES OTHERWISE:
6 "AGE OF BEGINNERS." THE MINIMUM AGE ESTABLISHED BY THE
7 SCHOOL DISTRICT BOARD OF DIRECTORS FOR ADMISSION TO THE
8 DISTRICT'S FIRST GRADE UNDER 22 PA. CODE § 11.15 (RELATING TO
9 ADMISSION OF BEGINNERS).
10 "COUNCIL." THE INTERAGENCY COORDINATING COUNCIL ESTABLISHED
11 IN SECTION 106.
12 "EARLY INTERVENTION SERVICES." DEVELOPMENTAL SERVICES WHICH
13 MEET ALL OF THE FOLLOWING:
14 (1) ARE PROVIDED UNDER PUBLIC SUPERVISION.
15 (2) ARE DESIGNED TO MEET THE DEVELOPMENTAL NEEDS OF A
16 HANDICAPPED INFANT, TODDLER OR ELIGIBLE YOUNG CHILD IN ANY OF
17 THE FOLLOWING AREAS:
18 (I) PHYSICAL DEVELOPMENT.
19 (II) COGNITIVE DEVELOPMENT.
20 (III) SENSORY DEVELOPMENT.
21 (IV) LANGUAGE AND SPEECH DEVELOPMENT OR ALTERNATIVE
22 COMMUNICATION DEVELOPMENT.
23 (V) PSYCHO-SOCIAL DEVELOPMENT.
24 (VI) SELF-HELP SKILLS.
25 (3) ARE DEVELOPED TO MEET THE REQUIREMENTS OF THIS ACT,
26 INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
27 (I) FAMILY TRAINING.
28 (II) SOCIAL WORK SERVICES, INCLUDING COUNSELING AND
29 HOME VISITS.
30 (III) SPECIAL INSTRUCTION.
19890H1861B3471 - 27 -
1 (IV) SPEECH PATHOLOGY AND AUDIOLOGY.
2 (V) OCCUPATIONAL THERAPY.
3 (VI) PHYSICAL THERAPY.
4 (VII) PSYCHOLOGICAL SERVICES.
5 (VIII) MEDICAL SERVICES ONLY FOR DIAGNOSTIC OR
6 EVALUATION PURPOSES.
7 (IX) EARLY IDENTIFICATION, SCREENING AND ASSESSMENT
8 SERVICES.
9 (X) HEALTH SERVICES NECESSARY TO ENABLE THE INFANT
10 OR TODDLER TO BENEFIT FROM THE OTHER EARLY INTERVENTION
11 SERVICES.
12 (XI) ASSISTIVE TECHNOLOGY DEVICES AND SERVICES.
13 (XII) FOR HANDICAPPED INFANTS AND TODDLERS, OTHER
14 SERVICES REQUIRED BY PART H.
15 (4) ARE PROVIDED BY QUALIFIED PERSONNEL, INCLUDING, BUT
16 NOT LIMITED TO, SPECIAL EDUCATORS, SPEECH AND LANGUAGE
17 PATHOLOGISTS AND AUDIOLOGISTS, OCCUPATIONAL THERAPISTS,
18 PHYSICAL THERAPISTS, PSYCHOLOGISTS, SOCIAL WORKERS, NURSES
19 AND NUTRITIONISTS.
20 (5) ARE PROVIDED IN CONFORMITY WITH AN INDIVIDUALIZED
21 FAMILY SERVICE PLAN FOR ELIGIBLE INFANTS, TODDLERS AND THEIR
22 FAMILIES.
23 (6) ARE PROVIDED TO ELIGIBLE YOUNG CHILDREN IN
24 COMPLIANCE WITH THE PROVISIONS OF THIS ACT AND PART B.
25 COMPLIANCE INCLUDES PROCEDURAL SAFEGUARDS AND FREE
26 APPROPRIATE PUBLIC EDUCATION, INCLUDING RELATED SERVICES AND
27 INDIVIDUALIZED EDUCATION PROGRAMS.
28 (7) ARE PROVIDED IN THE LEAST RESTRICTIVE ENVIRONMENT
29 APPROPRIATE TO THE CHILD'S NEEDS. INFANTS, TODDLERS AND
30 ELIGIBLE YOUNG CHILDREN WHO WILL BE SERVED IN A NON-HOME-
19890H1861B3471 - 28 -
1 BASED SETTING MUST, TO THE MAXIMUM EXTENT CONSISTENT WITH THE
2 CHILD'S ABILITIES, RECEIVE EARLY INTERVENTION SERVICES IN A
3 SETTING WITH NONHANDICAPPED CHILDREN. EACH INFANT'S OR
4 TODDLER'S IFSP AND EACH ELIGIBLE YOUNG CHILD'S IEP MUST
5 CONTAIN THE RECOMMENDED SERVICE OPTION PLACEMENT AND THE
6 RATIONALE FOR WHY IT REPRESENTS THE LEAST RESTRICTIVE
7 ENVIRONMENT.
8 "EDUCATION OF THE HANDICAPPED ACT." THE EDUCATION OF THE
9 HANDICAPPED ACT (PUBLIC LAW 91-230, 20 U.S.C. § 1401 ET SEQ.).
10 "ELIGIBLE YOUNG CHILD." A CHILD WHO IS YOUNGER THAN THE AGE
11 OF BEGINNERS AND AT LEAST THREE YEARS OF AGE AS OF SEPTEMBER 1
12 OF A YEAR AND WHO MEETS ANY OF THE FOLLOWING CRITERIA:
13 (1) THE CHILD HAS ANY OF THE FOLLOWING PHYSICAL OR
14 MENTAL DISABILITIES: AUTISM/PERVASIVE DEVELOPMENTAL DISORDER,
15 SERIOUS EMOTIONAL DISTURBANCE, NEUROLOGICAL IMPAIRMENT,
16 DEAFNESS/HEARING IMPAIRMENT, SPECIFIC LEARNING DISABILITY,
17 MENTAL RETARDATION, MULTIHANDICAP, OTHER HEALTH IMPAIRMENT,
18 PHYSICAL DISABILITY, SPEECH IMPAIRMENT, OR BLINDNESS/VISUAL
19 IMPAIRMENT.
20 (2) THE CHILD IS CONSIDERED TO HAVE A DEVELOPMENTAL
21 DELAY, AS DEFINED BY REGULATIONS OF THE STATE BOARD OF
22 EDUCATION AND THE STANDARDS OF THE DEPARTMENT OF EDUCATION.
23 "HANDICAPPED INFANTS AND TODDLERS." INDIVIDUALS RANGING IN
24 AGE FROM BIRTH TO TWO YEARS OF AGE, INCLUSIVE, WHO NEED EARLY
25 INTERVENTION SERVICES FOR ANY OF THE FOLLOWING REASONS:
26 (1) THEY ARE EXPERIENCING DEVELOPMENTAL DELAYS, AS
27 DEFINED BY REGULATIONS OF THE DEPARTMENT OF PUBLIC WELFARE
28 AND AS MEASURED BY APPROPRIATE DIAGNOSTIC INSTRUMENTS AND
29 PROCEDURES IN ANY OF THE FOLLOWING AREAS: COGNITIVE
30 DEVELOPMENT, SENSORY DEVELOPMENT, PHYSICAL DEVELOPMENT,
19890H1861B3471 - 29 -
1 LANGUAGE AND SPEECH DEVELOPMENT, PSYCHO-SOCIAL DEVELOPMENT OR
2 SELF-HELP SKILLS.
3 (2) THEY HAVE A DIAGNOSED PHYSICAL OR MENTAL CONDITION
4 WHICH HAS A HIGH PROBABILITY OF RESULTING IN DEVELOPMENTAL
5 DELAY UNDER PARAGRAPH (1). THIS PARAGRAPH APPLIES TO
6 CONDITIONS WITH KNOWN ETIOLOGIES AND DEVELOPMENTAL
7 CONSEQUENCES. EXAMPLES OF THESE CONDITIONS INCLUDE DOWN
8 SYNDROME; OTHER CHROMOSOMAL ABNORMALITIES; SENSORY
9 IMPAIRMENTS, INCLUDING VISION AND HEARING; INBORN ERRORS OF
10 METABOLISM; MICROCEPHALY; SEVERE ATTACHMENT DISORDERS,
11 INCLUDING FAILURE TO THRIVE; SEIZURE DISORDERS; AND FETAL
12 ALCOHOL SYNDROME.
13 "IEP." INDIVIDUALIZED EDUCATION PROGRAM.
14 "IFSP." INDIVIDUALIZED FAMILY SERVICE PLAN.
15 "LEAD AGENCY." FOR EARLY INTERVENTION SERVICES TO ELIGIBLE
16 CHILDREN FROM BIRTH TO TWO YEARS OF AGE, INCLUSIVE, THE
17 DEPARTMENT OF PUBLIC WELFARE; FOR EARLY INTERVENTION SERVICES TO
18 ELIGIBLE YOUNG CHILDREN, THE DEPARTMENT OF EDUCATION.
19 "LOCAL INTERAGENCY AGREEMENT." AN AGREEMENT ENTERED INTO BY
20 LOCAL AGENCIES RECEIVING EARLY INTERVENTION FUNDS DIRECTLY FROM
21 THE COMMONWEALTH AND MADE UNDER THE STATE INTERAGENCY AGREEMENT
22 PROVIDING FOR THE DELIVERY OF EARLY INTERVENTION SERVICES WITHIN
23 A SPECIFIED GEOGRAPHIC AREA.
24 "PART B." PART B OF THE EDUCATION FOR THE HANDICAPPED ACT
25 (20 U.S.C. § 1411 ET SEQ.), AS IT APPLIES TO PRESCHOOL CHILDREN.
26 "PART H." PART H OF THE EDUCATION FOR THE HANDICAPPED ACT
27 (20 U.S.C. § 1471 ET SEQ.).
28 "STATE INTERAGENCY AGREEMENT." AN AGREEMENT ENTERED INTO BY
29 THE DEPARTMENT OF EDUCATION, THE DEPARTMENT OF HEALTH, THE
30 DEPARTMENT OF PUBLIC WELFARE AND ANY OTHER COMMONWEALTH AGENCY
19890H1861B3471 - 30 -
1 FOR THE PURPOSES OF THIS ACT AND OF PART B AND PART H.
2 SECTION 104. STATE INTERAGENCY AGREEMENT.
3 (A) INTERAGENCY AGREEMENT.--THE DEPARTMENT OF EDUCATION, THE
4 DEPARTMENT OF HEALTH AND THE DEPARTMENT OF PUBLIC WELFARE SHALL
5 ENTER INTO AND MAINTAIN A STATE INTERAGENCY AGREEMENT TO ENABLE
6 THE STATE AND LOCAL AGENCIES SERVING INFANTS, TODDLERS AND
7 ELIGIBLE YOUNG CHILDREN WHO ARE HANDICAPPED TO ESTABLISH WORKING
8 RELATIONSHIPS THAT WILL INCREASE THE EFFICIENCY AND
9 EFFECTIVENESS OF THEIR EARLY INTERVENTION SERVICES. THE
10 AGREEMENT SHALL OUTLINE THE RESPONSIBILITIES OF THOSE STATE AND
11 LOCAL AGENCIES AND SHALL IMPLEMENT A COORDINATED SERVICE
12 DELIVERY SYSTEM THROUGH LOCAL INTERAGENCY AGREEMENTS.
13 (B) COMPONENTS.--THE STATE INTERAGENCY AGREEMENT SHALL
14 ADDRESS, AT A MINIMUM, THE FOLLOWING ISSUES:
15 (1) RESPONSIBILITIES OF STATE AND LOCAL AGENCIES.
16 (2) ELIGIBILITY DETERMINATION AND REFERRALS.
17 (3) ESTABLISHMENT OF LOCAL AGREEMENTS.
18 (4) FISCAL RESPONSIBILITIES OF THE AGENCIES.
19 (5) DISPUTE RESOLUTION BETWEEN AGENCIES.
20 (6) PAYOR OF LAST RESORT.
21 (7) MAINTENANCE OF EFFORT.
22 (8) ADMINISTRATIVE MANAGEMENT STRUCTURE.
23 (9) ESTABLISHMENT AND MAINTENANCE OF LOCAL INTERAGENCY
24 COORDINATING COUNCILS, WHICH SHALL INCLUDE, BUT NOT BE
25 LIMITED TO, PARENTS AND PRIVATE PROVIDERS AND WHICH SHALL BE
26 AUTHORIZED TO ADVISE AND COMMENT ON THE DEVELOPMENT OF LOCAL
27 INTERAGENCY AGREEMENTS FOR THEIR SPECIFIED GEOGRAPHIC AREA
28 AND TO COMMUNICATE DIRECTLY WITH THE DEPARTMENT OF EDUCATION,
29 THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF PUBLIC WELFARE
30 AND THE COUNCIL REGARDING THE LOCAL INTERAGENCY AGREEMENT AND
19890H1861B3471 - 31 -
1 ANY OTHER MATTERS PERTAINING TO THIS ACT.
2 (10) PLANS BY THE DEPARTMENT OF HEALTH, THE DEPARTMENT
3 OF PUBLIC WELFARE AND THE DEPARTMENT OF EDUCATION TO WORK
4 TOGETHER TO DEVELOP A COORDINATED SYSTEM OF CASE MANAGEMENT.
5 (C) GOAL.--ISSUES UNDER SUBSECTION (B) SHALL BE ADDRESSED TO
6 MEET THE REQUIREMENTS OF THIS ACT AND THE PROVISIONS OF PART B
7 AND PART H.
8 SECTION 105. OTHER DUTIES OF STATE AGENCIES.
9 (A) STATEWIDE SYSTEM.--THE DEPARTMENT OF HEALTH, THE
10 DEPARTMENT OF PUBLIC WELFARE AND THE DEPARTMENT OF EDUCATION
11 SHALL BE RESPONSIBLE FOR THE ESTABLISHMENT AND MAINTENANCE OF A
12 STATEWIDE SYSTEM OF EARLY INTERVENTION SERVICES AS PROVIDED IN
13 CHAPTER 3.
14 (B) RULEMAKING.--THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF
15 PUBLIC WELFARE, THE STATE BOARD OF EDUCATION AS THE REGULATORY
16 AUTHORITY FOR THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF
17 EDUCATION FOR STANDARDS SHALL SUBMIT DRAFT REGULATIONS AND
18 STANDARDS TO THE COUNCIL RELATING TO THE IMPLEMENTATION OF THIS
19 ACT PRIOR TO FORMAL PROMULGATION IN ORDER TO RECEIVE THE
20 RECOMMENDATIONS OF THE COUNCIL. IF RECOMMENDATIONS ARE NOT
21 RECEIVED BY THE APPROPRIATE STATE AGENCY WITHIN 60 DAYS OF
22 RECEIPT BY THE COUNCIL, THE RESPECTIVE DEPARTMENT OR BOARD MAY
23 CONTINUE TO DEVELOP AND PROMULGATE REGULATIONS AND STANDARDS.
24 (C) ANNUAL REPORTS.--BY JULY 31, THE DEPARTMENT OF HEALTH,
25 THE DEPARTMENT OF PUBLIC WELFARE AND THE DEPARTMENT OF EDUCATION
26 SHALL SUBMIT ANNUAL REPORTS TO THE COUNCIL ON THE STATUS OF
27 EARLY INTERVENTION SERVICES DURING THE PRECEDING CALENDAR YEAR.
28 THESE REPORTS SHALL BE USED AS THE BASIS FOR THE REPORT
29 SUBMITTED BY THE COUNCIL UNDER SECTION 106(F)(4).
30 SECTION 106. COUNCIL.
19890H1861B3471 - 32 -
1 (A) ESTABLISHMENT.--THE INTERAGENCY COORDINATING COUNCIL IS
2 ESTABLISHED. THE COUNCIL SHALL CONSIST OF 15 VOTING MEMBERS
3 APPOINTED BY THE GOVERNOR. THE COUNCIL SHALL SERVE AS THE
4 COUNCIL REQUIRED BY THE EDUCATION OF THE HANDICAPPED ACT
5 AMENDMENTS OF 1986 (PUBLIC LAW 99-457, 100 STAT. 1145). THE TERM
6 OF OFFICE OF THE VOTING MEMBERS SHALL BE THREE YEARS, EXCEPT FOR
7 THE CABINET OFFICERS OR THEIR DESIGNEES, WHO SHALL SERVE AS LONG
8 AS THEY ARE IN OFFICE.
9 (B) MEMBERSHIP.--THE MEMBERSHIP OF THE COUNCIL SHALL CONSIST
10 OF THE FOLLOWING:
11 (1) THREE PARENTS OF HANDICAPPED INFANTS, TODDLERS OR
12 ELIGIBLE YOUNG CHILDREN.
13 (2) ONE PROVIDER OF A CHILD DEVELOPMENT PROGRAM, SUCH AS
14 HEAD START.
15 (3) ONE PARENT OF A CHILD WHO HAS RECEIVED EARLY
16 INTERVENTION SERVICES AND IS NOW BEYOND SIX YEARS OF AGE.
17 (4) THREE PROVIDERS OF EARLY INTERVENTION SERVICES,
18 INCLUDING ONE SCHOOL DISTRICT PROVIDER, ONE INTERMEDIATE UNIT
19 PROVIDER AND ONE PRIVATE PROVIDER.
20 (5) ONE MEMBER FROM THE GENERAL ASSEMBLY.
21 (6) ONE REPRESENTATIVE OF THE AMERICAN ACADEMY OF
22 PEDIATRICS.
23 (7) ONE COUNTY MENTAL HEALTH/MENTAL RETARDATION
24 ADMINISTRATOR OR DESIGNEE.
25 (8) ONE INDIVIDUAL INVOLVED IN PERSONNEL PREPARATION.
26 (9) THE SECRETARY OF EDUCATION OR A DESIGNEE.
27 (10) THE SECRETARY OF PUBLIC WELFARE OR A DESIGNEE.
28 (11) THE SECRETARY OF HEALTH OR A DESIGNEE.
29 (12) AS EX OFFICIO MEMBERS, WHO SHALL NOT HAVE VOTING
30 PRIVILEGES: A REPRESENTATIVE OF THE DEVELOPMENTAL
19890H1861B3471 - 33 -
1 DISABILITIES PLANNING COUNCIL AND MEMBERS APPOINTED BY THE
2 CHAIR OF THE COUNCIL.
3 (C) DESIGNEES.--THE DESIGNEES OF THE CABINET OFFICERS UNDER
4 SUBSECTION (B) MUST BE DEPUTY SECRETARIES, COMMISSIONERS OR
5 BUREAU DIRECTORS.
6 (D) OFFICERS.--THE CHAIR OF THE COUNCIL SHALL BE APPOINTED
7 BY THE GOVERNOR AND MUST BE SELECTED FROM THOSE MEMBERS WHO ARE
8 NEITHER EMPLOYEES OF THE COMMONWEALTH NOR ELECTED OFFICIALS.
9 (E) COMMITTEES.--THE CHAIR OF THE COUNCIL MAY APPOINT
10 SPECIAL COMMITTEES, WHICH MAY INCLUDE NONMEMBERS OF THE COUNCIL,
11 TO MAKE RECOMMENDATIONS TO THE COUNCIL CONCERNING KEY ISSUES
12 RELATED TO THIS ACT.
13 (F) POWERS AND DUTIES.--THE COUNCIL HAS THE FOLLOWING POWERS
14 AND DUTIES:
15 (1) TO REVIEW AND COMMENT TO THE DEPARTMENT OF HEALTH,
16 THE DEPARTMENT OF PUBLIC WELFARE, THE DEPARTMENT OF EDUCATION
17 AND THE STATE BOARD OF EDUCATION ON DRAFT REGULATIONS AND
18 STANDARDS FOR THE IMPLEMENTATION AND MAINTENANCE OF A
19 STATEWIDE SYSTEM OF EARLY INTERVENTION SERVICES WHICH ARE IN
20 ACCORDANCE WITH THE PROVISIONS OF THIS ACT AND PARTS B AND H.
21 (2) TO REVIEW AND COMMENT TO THE APPROPRIATE LEGISLATIVE
22 COMMITTEES AND THE INDEPENDENT REGULATORY REVIEW COMMISSION
23 ON REGULATIONS AND STANDARDS PROPOSED UNDER THIS ACT.
24 (3) TO ASSIST AND ADVISE COMMONWEALTH AGENCIES IN THEIR
25 EFFORT TO CARRY OUT THE PROVISIONS OF THIS ACT. THIS
26 PARAGRAPH INCLUDES, BUT IS NOT LIMITED TO:
27 (I) RECOMMENDATIONS FOR THE IMPLEMENTATION AND
28 MAINTENANCE OF A STATEWIDE COMPREHENSIVE, COORDINATED,
29 MULTIDISCIPLINARY, INTERAGENCY PROGRAM, AS DESCRIBED IN
30 CHAPTER 3;
19890H1861B3471 - 34 -
1 (II) SUGGESTIONS REGARDING SOURCES OF FISCAL AND
2 OTHER SUPPORT FROM FEDERAL, STATE, LOCAL AND PRIVATE
3 SOURCES, INCLUDING INSURANCE COVERAGE; AND
4 (III) RECOMMENDATIONS REGARDING IN-SERVICE TRAINING
5 AND PERSONNEL COMPETENCIES.
6 (4) TO PREPARE AND SUBMIT, WITH THE COOPERATION OF THE
7 SECRETARY OF EDUCATION, THE SECRETARY OF HEALTH AND THE
8 SECRETARY OF PUBLIC WELFARE, AN ANNUAL REPORT DURING THE
9 MONTH OF SEPTEMBER TO THE GOVERNOR AND THE MAJORITY AND
10 MINORITY CHAIRMEN OF THE EDUCATION COMMITTEE OF THE SENATE
11 AND THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
12 THIS REPORT SHALL INCLUDE THE NUMBER OF PROGRAMS BEING
13 PROVIDED BY INTERMEDIATE UNITS, SCHOOL DISTRICTS AND PUBLIC
14 AND PRIVATE PROVIDERS, INCLUDING HEAD START; THE NUMBER OF
15 CHILDREN BEING SERVED; THE STATUS OF COMPLIANCE WITH STATE
16 REGULATIONS AND STANDARDS; DESCRIPTIVE INFORMATION ON THE
17 PROGRAMS; INFORMATION ON PERSONNEL NEEDS; ANY SUGGESTED
18 CHANGES IN STATE STATUTES AND REGULATIONS GOVERNING THESE
19 PROGRAMS; ANY INFORMATION THE UNITED STATES SECRETARY OF
20 EDUCATION MAY REQUIRE; AND ANY OTHER INFORMATION THE COUNCIL
21 DEEMS APPROPRIATE.
22 (5) TO MEET AT LEAST SIX TIMES A YEAR.
23 (6) TO PERFORM OTHER FUNCTIONS REQUIRED OF A STATE'S
24 INTERAGENCY COORDINATING COUNCIL UNDER PART H.
25 (G) COMPENSATION OF MEMBERS.--THE MEMBERS SHALL SERVE
26 WITHOUT COMPENSATION BUT SHALL BE REIMBURSED FOR REASONABLE
27 COSTS INCURRED, INCLUDING COSTS RELATED TO CHILD CARE.
28 (H) STAFF.--STAFF SERVICES FOR THE COUNCIL SHALL BE PROVIDED
29 BY THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF PUBLIC WELFARE
30 AND THE DEPARTMENT OF EDUCATION AND SHALL INCLUDE THE
19890H1861B3471 - 35 -
1 PREPARATION AND DISTRIBUTION OF THE ANNUAL REPORT REQUIRED UNDER
2 SUBSECTION (F)(4).
3 CHAPTER 3
4 STATEWIDE SYSTEM FOR PROVISION OF
5 EARLY INTERVENTION SERVICES
6 SECTION 301. REQUIREMENTS.
7 A STATEWIDE SYSTEM OF COORDINATED, COMPREHENSIVE,
8 MULTIDISCIPLINARY, INTERAGENCY PROGRAMS SHALL BE ESTABLISHED AND
9 MAINTAINED BY THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF PUBLIC
10 WELFARE AND THE DEPARTMENT OF EDUCATION TO PROVIDE APPROPRIATE
11 EARLY INTERVENTION SERVICES TO ALL HANDICAPPED INFANTS, TODDLERS
12 AND THEIR FAMILIES AND TO ELIGIBLE YOUNG CHILDREN. THE SYSTEM
13 SHALL INCLUDE THE FOLLOWING MINIMUM COMPONENTS:
14 (1) COMPATIBLE DEFINITIONS OF THE TERM "DEVELOPMENTAL
15 DELAY" SHALL BE PROMULGATED AND ADOPTED BY THE DEPARTMENT OF
16 PUBLIC WELFARE, THE DEPARTMENT OF HEALTH AND THE DEPARTMENT
17 OF EDUCATION, WITH REVIEW AND COMMENT OF THE COUNCIL UNDER
18 SECTION 106(F)(1). THE DEFINITION SHALL PROVIDE FOR THE
19 CONTINUITY OF PROGRAM SERVICES AND SHALL BE USED IN
20 IMPLEMENTING PROGRAMS UNDER THIS ACT.
21 (2) AN ASSURANCE THAT APPROPRIATE EARLY INTERVENTION
22 SERVICES ARE AVAILABLE TO ALL ELIGIBLE HANDICAPPED INFANTS,
23 TODDLERS AND THEIR FAMILIES BY SEPTEMBER 1, 1991, AND TO ALL
24 ELIGIBLE YOUNG CHILDREN BY JULY 1, 1991.
25 (3) A TIMELY, COMPREHENSIVE, MULTIDISCIPLINARY
26 EVALUATION OF THE FUNCTIONING OF EACH HANDICAPPED INFANT,
27 TODDLER AND ELIGIBLE YOUNG CHILD AND THE NEEDS OF THE
28 FAMILIES TO ASSIST APPROPRIATELY IN THE DEVELOPMENT OF THE
29 HANDICAPPED INFANT, TODDLER AND ELIGIBLE YOUNG CHILD.
30 (4) FOR ALL HANDICAPPED INFANTS, TODDLERS AND THEIR
19890H1861B3471 - 36 -
1 FAMILIES, AN IFSP IN ACCORDANCE WITH PART H, INCLUDING CASE
2 MANAGEMENT SERVICES IN ACCORDANCE WITH THE SERVICE PLAN.
3 (5) FOR EACH ELIGIBLE YOUNG CHILD, AN IEP IN ACCORDANCE
4 WITH PART B.
5 (6) A COMPREHENSIVE CHILD-FIND SYSTEM, INCLUDING A
6 SYSTEM FOR MAKING REFERRALS TO SERVICE PROVIDERS THAT
7 INCLUDES TIMELINES AND PROVIDES FOR THE PARTICIPATION BY
8 PRIMARY REFERRAL SOURCES.
9 (7) A PUBLIC AWARENESS PROGRAM FOCUSING ON EARLY
10 IDENTIFICATION OF HANDICAPPED INFANTS, TODDLERS AND ELIGIBLE
11 YOUNG CHILDREN.
12 (8) A CENTRAL DIRECTORY, WHICH INCLUDES EARLY
13 INTERVENTION SERVICES, RESOURCES AND EXPERTS AVAILABLE IN
14 THIS COMMONWEALTH AND RESEARCH AND DEMONSTRATION PROJECTS
15 BEING CONDUCTED IN THIS COMMONWEALTH.
16 (9) A COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT AND
17 POLICIES AND PROCEDURES RELATING TO THE ESTABLISHMENT AND
18 MAINTENANCE OF STANDARDS TO ENSURE THAT PERSONNEL NECESSARY
19 TO CARRY OUT THIS ACT ARE APPROPRIATELY AND ADEQUATELY
20 PREPARED AND TRAINED.
21 (10) A PROCEDURE FOR SECURING TIMELY REIMBURSEMENT OF
22 FUNDS.
23 (11) PROCEDURAL SAFEGUARDS WITH RESPECT TO PROGRAMS
24 UNDER THIS ACT.
25 (12) A SYSTEM FOR COMPILING DATA ON THE NUMBERS OF
26 HANDICAPPED INFANTS, TODDLERS AND THEIR FAMILIES AND ELIGIBLE
27 YOUNG CHILDREN IN NEED OF APPROPRIATE EARLY INTERVENTION
28 SERVICES; THE NUMBER OF INFANTS, TODDLERS AND THEIR FAMILIES
29 AND ELIGIBLE YOUNG CHILDREN SERVED; AND THE TYPES OF SERVICES
30 PROVIDED.
19890H1861B3471 - 37 -
1 (13) A SYSTEM OF PROGRAM STANDARDS EVALUATION AND
2 COMPLIANCE.
3 (14) AN EXIT CRITERIA, WHICH PROVIDES PROCEDURES FOR A
4 CHILD TO EXIT FROM EARLY INTERVENTION SERVICES. THIS EXIT
5 PLAN MUST ADDRESS BOTH THE NEEDS OF THE CHILD WHO HAS
6 ATTAINED AGE OF BEGINNERS AS WELL AS THE CHILD WHO, AT ANY
7 AGE BETWEEN BIRTH AND AGE OF BEGINNERS, NO LONGER MEETS THE
8 ELIGIBILITY CRITERIA. IF A CHILD HAS BEEN SUCCESSFUL IN
9 OBTAINING AGE-APPROPRIATE BEHAVIOR AND ABILITIES, THE FACT
10 THAT THE CHILD PARTICIPATED IN EARLY INTERVENTION SERVICES
11 MAY NOT BE COMMUNICATED TO THE SCHOOL DISTRICT UNLESS THE
12 PARENT SO CHOOSES NOR MAY IT BE CONSIDERED AS A RATIONALE FOR
13 PLACEMENT IN PUBLIC SCHOOL AGE SPECIAL EDUCATION CLASSES. IF
14 THE CHILD DOES NOT MEET EXIT CRITERIA AND THE CHILD'S IEP OR
15 IFSP DEMONSTRATES THAT THE CHILD WILL BENEFIT FROM SERVICES
16 WHICH CAN BE PROVIDED ONLY THROUGH SPECIAL EDUCATION, NOTHING
17 IN THIS ACT SHALL PREVENT THAT PLACEMENT. IN EITHER CASE,
18 TRANSITION SERVICES SHALL BE PROVIDED TO THE CHILD AND THE
19 CHILD'S PARENTS.
20 (15) A SYSTEM FOR THE PROVISION OF SERVICES TO CHILDREN
21 FROM BIRTH TO AGE TWO, INCLUSIVE, WHICH ARE IN COMPLIANCE
22 WITH PART H.
23 (16) A SYSTEM FOR THE PROVISION OF SERVICES TO CHILDREN
24 THREE YEARS OF AGE TO AGE OF BEGINNERS WHICH IS IN COMPLIANCE
25 WITH PART B, THIS ACT AND REGULATIONS AND STANDARDS.
26 SECTION 302. PROGRAM REGULATIONS AND STANDARDS.
27 (A) PUBLIC WELFARE.--THE DEPARTMENT OF PUBLIC WELFARE SHALL
28 DEFINE AND ADDRESS THE FOLLOWING ISSUES IN DEVELOPING
29 REGULATIONS:
30 (1) METHODS FOR LOCATING AND IDENTIFYING ELIGIBLE
19890H1861B3471 - 38 -
1 CHILDREN.
2 (2) CRITERIA FOR ELIGIBLE PROGRAMS.
3 (3) CONTRACTING GUIDELINES.
4 (4) PERSONNEL QUALIFICATIONS AND A SYSTEM OF PRESERVICE
5 AND IN-SERVICE TRAINING.
6 (5) EARLY INTERVENTION SERVICES.
7 (6) PROCEDURAL SAFEGUARDS.
8 (7) APPROPRIATE PLACEMENT, INCLUDING THE LEAST
9 RESTRICTIVE ENVIRONMENT.
10 (8) A SYSTEM OF QUALITY ASSURANCE, INCLUDING EVALUATION
11 OF THE DEVELOPMENTAL APPROPRIATENESS; QUALITY AND
12 EFFECTIVENESS OF PROGRAMS; ASSURANCE OF COMPLIANCE WITH
13 PROGRAM STANDARDS; AND PROVISION OF ASSISTANCE TO ASSURE
14 COMPLIANCE.
15 (9) DATA COLLECTION AND CONFIDENTIALITY.
16 (10) INTERAGENCY COOPERATION AT THE STATE AND LOCAL
17 LEVEL THROUGH THE STATE INTERAGENCY AGREEMENT AND LOCAL
18 INTERAGENCY AGREEMENTS.
19 (11) CONTENT AND DEVELOPMENT OF IFSPS.
20 (12) ANY OTHER ISSUES WHICH ARE REQUIRED UNDER THIS ACT
21 AND PART H.
22 (B) EDUCATION.--THE STATE BOARD OF EDUCATION AND THE
23 DEPARTMENT OF EDUCATION SHALL DEFINE AND ADDRESS THE FOLLOWING
24 ISSUES IN DEVELOPING REGULATIONS AND STANDARDS:
25 (1) METHODS FOR LOCATING AND IDENTIFYING ELIGIBLE
26 CHILDREN.
27 (2) CRITERIA FOR ELIGIBLE PROGRAMS.
28 (3) CONTRACTING GUIDELINES.
29 (4) PERSONNEL QUALIFICATION AND A SYSTEM OF PRESERVICE
30 AND IN-SERVICE TRAINING.
19890H1861B3471 - 39 -
1 (5) EARLY INTERVENTION SERVICES.
2 (6) PROCEDURAL SAFEGUARDS.
3 (7) APPROPRIATE PLACEMENT, INCLUDING THE LEAST
4 RESTRICTIVE ENVIRONMENT.
5 (8) A SYSTEM OF QUALITY ASSURANCE, INCLUDING EVALUATION
6 OF THE DEVELOPMENTAL APPROPRIATENESS; QUALITY AND
7 EFFECTIVENESS OF PROGRAMS; ASSURANCE OF COMPLIANCE WITH
8 PROGRAM STANDARDS; AND PROVISION OF ASSISTANCE TO ASSURE
9 COMPLIANCE.
10 (9) DATA COLLECTION AND CONFIDENTIALITY.
11 (10) INTERAGENCY COOPERATION AT THE STATE AND LOCAL
12 LEVELS.
13 (11) CONTENTS AND DEVELOPMENT OF IEPS.
14 (12) ANY OTHER ISSUES WHICH ARE REQUIRED UNDER THIS ACT
15 AND PART B.
16 SECTION 303. ADMINISTRATION BY DEPARTMENT OF PUBLIC WELFARE.
17 (A) ASSISTANCE TO COUNTIES.--FROM THE SUM APPROPRIATED TO
18 THE DEPARTMENT OF PUBLIC WELFARE FOR THE PURPOSES OF THIS ACT,
19 THE DEPARTMENT SHALL DISTRIBUTE FUNDS TO THE COUNTY MENTAL
20 HEALTH AND MENTAL RETARDATION OFFICES, UNDER SECTION 509 OF THE
21 ACT OF OCTOBER 20, 1966 (3RD SP.SESS., P.L.96, NO.6), KNOWN AS
22 THE MENTAL HEALTH AND MENTAL RETARDATION ACT OF 1966, FOR THE
23 PROVISION OF EARLY INTERVENTION SERVICES TO CHILDREN FROM BIRTH
24 TO AGE TWO, INCLUSIVE. THE COUNTY OFFICES MAY MEET THEIR
25 OBLIGATION TO ASSURE APPROPRIATE EARLY INTERVENTION SERVICES TO
26 ALL ELIGIBLE CHILDREN THROUGH CONTRACTS WITH PUBLIC OR PRIVATE
27 NONPROFIT AGENCIES THAT MEET THE REQUIREMENTS OF THE REGULATIONS
28 AND PROGRAM STANDARDS DEVELOPED UNDER THIS ACT. THE COUNTY
29 OFFICES SHALL ASSURE ANNUALLY THAT THE SERVICE PROVIDERS
30 RECEIVING FUNDS ARE IN COMPLIANCE WITH THE COMMONWEALTH'S
19890H1861B3471 - 40 -
1 REGULATIONS AND STANDARDS.
2 (B) FEDERAL BENEFITS.--NOTHING IN THIS ACT SHALL PRECLUDE
3 MEDICAL OR OTHER ASSISTANCE AVAILABLE UNDER TITLE V OR XIX OF
4 THE SOCIAL SECURITY ACT (PUBLIC LAW 74-271, 42 U.S.C. § 701 ET
5 SEQ. OR § 1396 ET SEQ.) OR ANY OTHER BENEFITS AVAILABLE UNDER
6 FEDERAL LAW.
7 (C) EDUCATION.--IN ORDER TO FACILITATE THE TRANSFER OF
8 RESPONSIBILITY FOR ELIGIBLE CHILDREN FROM THE DEPARTMENT OF
9 PUBLIC WELFARE TO THE DEPARTMENT OF EDUCATION AT ONE TIME EACH
10 YEAR, CONSISTENT WITH THE BEGINNING OF THE SCHOOL YEAR, THE
11 SECRETARY OF PUBLIC WELFARE MAY DELEGATE RESPONSIBILITY FOR
12 SERVING CERTAIN CHILDREN UNDER THREE YEARS OF AGE TO THE
13 DEPARTMENT OF EDUCATION AND MAY ACCEPT A DELEGATION OF
14 RESPONSIBILITY FROM THE SECRETARY OF EDUCATION UNDER SECTION
15 304(C) TO SERVE CERTAIN CHILDREN OVER THE AGE OF THREE.
16 (D) USE OF FUNDS.--FROM THE SUM OF STATE FUNDS APPROPRIATED
17 BY THE GENERAL ASSEMBLY TO THE DEPARTMENT OF PUBLIC WELFARE FOR
18 THIS ACT, THE DEPARTMENT SHALL USE 2% TO 4% OF THE APPROPRIATION
19 FOR PERSONNEL TRAINING AND PROGRAM TECHNICAL ASSISTANCE.
20 SECTION 304. ADMINISTRATION BY DEPARTMENT OF EDUCATION.
21 (A) OVERALL RESPONSIBILITY.--
22 (1) SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, THE
23 DEPARTMENT OF EDUCATION SHALL BE RESPONSIBLE FOR THE DELIVERY
24 OF EARLY INTERVENTION SERVICES FOR ALL ELIGIBLE YOUNG
25 CHILDREN BETWEEN THREE YEARS OF AGE AND THE AGE OF BEGINNERS.
26 (2) ELIGIBLE YOUNG CHILDREN WHO RECEIVE EARLY
27 INTERVENTION SERVICES PROVIDED BY PUBLIC SCHOOL DISTRICTS IN
28 APPROVED DISTRICT KINDERGARTEN PROGRAMS UNDER SECTION 503 OF
29 THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE
30 PUBLIC SCHOOL CODE OF 1949, SHALL BE INCLUDED IN THE SCHOOL
19890H1861B3471 - 41 -
1 DISTRICT'S ENROLLMENT AND ENTITLED TO THE SAME SUBSIDIES AS
2 ANY KINDERGARTEN PUPILS.
3 (3) FROM THE SUM APPROPRIATED TO THE DEPARTMENT OF
4 EDUCATION FOR THE PURPOSES OF THIS ACT, THE DEPARTMENT SHALL
5 PROVIDE FOR THE DELIVERY OF EARLY INTERVENTION SERVICES FOR
6 ALL ELIGIBLE YOUNG CHILDREN. THE DEPARTMENT SHALL PROVIDE FOR
7 THE DELIVERY OF THESE SERVICES THROUGH CONTRACTS WITH
8 INTERMEDIATE UNITS, SCHOOL DISTRICTS OR OTHER PUBLIC OR
9 PRIVATE AGENCIES. AN INTERMEDIATE UNIT OR SCHOOL DISTRICT MAY
10 PROVIDE FOR SOME OR ALL OF SUCH SERVICES THROUGH SUBCONTRACTS
11 WITH OTHER PUBLIC OR PRIVATE AGENCIES WHICH COMPLY WITH THE
12 REGULATIONS AND STANDARDS DEVELOPED UNDER THIS ACT. AN
13 INTERMEDIATE UNIT OR SCHOOL DISTRICT SHALL BE RESPONSIBLE FOR
14 THE DELIVERY OF EARLY INTERVENTION SERVICES ONLY TO THE
15 EXTENT TO WHICH THE INTERMEDIATE UNIT OR SCHOOL DISTRICT
16 AGREES TO PROVIDE THE SERVICES THROUGH CONTRACTS WITH THE
17 DEPARTMENT. UNDER NO CIRCUMSTANCES SHALL AN INTERMEDIATE UNIT
18 OR SCHOOL DISTRICT BE REQUIRED TO EXPEND FUNDS OTHER THAN
19 THOSE PROVIDED FOR IN SUCH CONTRACTS FOR THE DELIVERY OF
20 EARLY INTERVENTION SERVICES. CONTRACTS FOR SERVICES FOR
21 ELIGIBLE YOUNG CHILDREN IN APPROVED DISTRICT KINDERGARTEN
22 PROGRAMS SHALL PAY FOR ALL EARLY INTERVENTION SERVICES NOT
23 SUBSIDIZED UNDER PARAGRAPH (2). EACH INTERMEDIATE UNIT,
24 SCHOOL DISTRICT OR OTHER PUBLIC OR PRIVATE PROVIDER
25 CONTRACTING WITH THE DEPARTMENT SHALL ASSURE THE DEPARTMENT
26 ANNUALLY THAT THE SERVICE PROVIDER IS IN COMPLIANCE WITH THE
27 COMMONWEALTH'S REGULATIONS AND STANDARDS.
28 (B) FEDERAL BENEFITS.--NOTHING IN THIS ACT SHALL PRECLUDE
29 MEDICAL OR OTHER ASSISTANCE AVAILABLE UNDER TITLE V OR XIX OF
30 THE SOCIAL SECURITY ACT (PUBLIC LAW 74-271, 42 U.S.C. § 701 ET
19890H1861B3471 - 42 -
1 SEQ. OR § 1396 ET SEQ.) OR ANY OTHER BENEFITS AVAILABLE UNDER
2 FEDERAL LAW.
3 (C) PUBLIC WELFARE.--THE SECRETARY OF EDUCATION SHALL
4 PROVIDE FOR THE TRANSITION OF ELIGIBLE CHILDREN, INCLUDING
5 HANDICAPPED INFANTS AND TODDLERS, WHO, PRIOR TO THEIR THIRD
6 BIRTHDAY, RECEIVED SERVICES UNDER PART H. THE SECRETARY OF
7 EDUCATION IS AUTHORIZED TO ACCEPT RESPONSIBILITY PURSUANT TO
8 DELEGATION FROM THE SECRETARY OF PUBLIC WELFARE UNDER SECTION
9 303(C) FOR PROVIDING EARLY INTERVENTION SERVICES TO CHILDREN
10 LESS THAN THREE YEARS OF AGE. THE SECRETARY OF EDUCATION IS
11 AUTHORIZED TO DELEGATE RESPONSIBILITY TO THE SECRETARY OF PUBLIC
12 WELFARE FOR PROVIDING SERVICES FOR CERTAIN CHILDREN OVER THE AGE
13 OF THREE.
14 (D) USE OF FUNDS.--FROM THE SUM OF STATE FUNDS APPROPRIATED
15 TO THE DEPARTMENT OF EDUCATION FOR THIS ACT, THE DEPARTMENT
16 SHALL USE 2% TO 4% OF THE APPROPRIATION FOR PERSONNEL TRAINING
17 AND PROGRAM TECHNICAL ASSISTANCE.
18 SECTION 305. CHILD IDENTIFICATION, ASSESSMENT AND TRACKING
19 SYSTEM.
20 (A) DEVELOPMENT OF SYSTEM.--THE DEPARTMENT OF PUBLIC
21 WELFARE, THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF
22 HEALTH SHALL DEVELOP A STATEWIDE SYSTEM FOR ELIGIBLE CHILD
23 IDENTIFICATION, ASSESSMENT AND TRACKING. THIS SYSTEM SHALL BE
24 DEVELOPED AND COORDINATED BY THE AGENCIES TO ASSURE THAT THE
25 SYSTEM IS COMPATIBLE WITH THE CHILD-FIND SYSTEM AS REQUIRED BY
26 PART B.
27 (B) AT-RISK CHILDREN.--FOR THE PURPOSES OF CHILD
28 IDENTIFICATION, ASSESSMENT AND TRACKING FOR INFANTS AND
29 TODDLERS, THE DEPARTMENT OF PUBLIC WELFARE SHALL ESTABLISH, BY
30 REGULATION, POPULATION GROUPS TO BE INCLUDED IN THESE
19890H1861B3471 - 43 -
1 ACTIVITIES. THE POPULATION GROUPS SHALL INCLUDE BUT NOT BE
2 LIMITED TO CHILDREN WHOSE BIRTH WEIGHT IS UNDER 1,500 GRAMS;
3 CHILDREN CARED FOR IN NEONATAL INTENSIVE CARE UNITS OF
4 HOSPITALS; CHILDREN BORN TO CHEMICALLY-DEPENDENT MOTHERS AND
5 REFERRED BY A PHYSICIAN, HEALTH CARE PROVIDER OR PARENT;
6 CHILDREN WHO ARE SERIOUSLY ABUSED OR NEGLECTED, AS SUBSTANTIATED
7 AND REFERRED BY THE COUNTY CHILDREN AND YOUTH AGENCY UNDER THE
8 ACT OF NOVEMBER 26, 1975 (P.L.438, NO.124), KNOWN AS THE CHILD
9 PROTECTIVE SERVICES LAW; AND CHILDREN WITH CONFIRMED DANGEROUS
10 LEVELS OF LEAD POISONING AS SET BY THE DEPARTMENT OF HEALTH. THE
11 DEPARTMENT OF PUBLIC WELFARE MAY ESTABLISH OTHER POPULATION
12 GROUPS BY REGULATION AS IT DEEMS NECESSARY.
13 (C) COMPONENTS OF SYSTEM.--THE SYSTEM SHALL INCLUDE, BUT
14 NEED NOT BE LIMITED TO, THE PROVISION OF THE FOLLOWING
15 ACTIVITIES AND SERVICES:
16 (1) THE IDENTIFICATION OF ELIGIBLE CHILDREN AND REFERRAL
17 TO EARLY INTERVENTION SERVICES AS SOON AFTER BIRTH AS
18 POSSIBLE.
19 (2) REFERRAL SERVICES FOR FAMILIES OF ELIGIBLE CHILDREN.
20 (3) CONTINUING ASSESSMENT OF AT-RISK CHILDREN FROM BIRTH
21 THROUGH AGE OF BEGINNERS.
22 (4) A DESCRIPTION OF AGENCIES PROVIDING EARLY
23 INTERVENTION SERVICES AND THE SERVICES PROVIDED BY EACH
24 AGENCY.
25 (5) PERTINENT INFORMATION REGARDING THE EXIT OF THE
26 CHILD FROM EARLY INTERVENTION SERVICES.
27 (6) THE ORDERLY TRANSFER OF THE ACCUMULATED INFORMATION
28 TO THE APPROPRIATE PROVIDER UPON THE CHILD'S ATTAINMENT OF
29 AGE OF BEGINNERS, EXCEPT IF THE CHILD HAS MET EXIT CRITERIA
30 CONTAINED IN THIS ACT.
19890H1861B3471 - 44 -
1 (D) CONFIDENTIALITY.--PROPER MEASURES SHALL BE DEVELOPED AND
2 IMPLEMENTED TO ASSURE THE CONFIDENTIALITY OF THE DATA CONTAINED
3 IN THE SYSTEM. INFORMATION SHALL BE ACCESSED ONLY BY APPROPRIATE
4 STAFF OF THE DEPARTMENT OF PUBLIC WELFARE, THE DEPARTMENT OF
5 EDUCATION AND THE DEPARTMENT OF HEALTH, INCLUDING THE STAFF OF
6 EACH AGENCY'S LOCAL ENTITIES, SUCH AS COUNTY MENTAL HEALTH AND
7 MENTAL RETARDATION OFFICES, SCHOOL DISTRICTS AND INTERMEDIATE
8 UNITS, WHICH ARE RESPONSIBLE FOR THE PROVISION OF SERVICES
9 EITHER DIRECTLY OR THROUGH SUBCONTRACT TO PRIVATE PROVIDERS.
10 NOTHING IN THIS SECTION IS INTENDED TO PRECLUDE THE UTILIZATION
11 OF DATA TO PROVIDE FOR THE PREPARATION OF REPORTS, FISCAL
12 INFORMATION OR OTHER DOCUMENTS REQUIRED BY THIS ACT OR THE
13 EDUCATION OF THE HANDICAPPED ACT; BUT NO INFORMATION MAY BE USED
14 IN A MANNER WHICH WOULD ALLOW FOR THE IDENTIFICATION OF AN
15 INDIVIDUAL CHILD OR FAMILY.
16 CHAPTER 5
17 MISCELLANEOUS PROVISIONS
18 SECTION 501. REGULATIONS AND STANDARDS.
19 REGULATIONS OF THE STATE BOARD OF EDUCATION, 22 PA. CODE CH.
20 14, PROPOSED AT 19 PA.B. 5373 (DECEMBER 16, 1989), AND THE
21 DEPARTMENT OF EDUCATION STANDARDS, 22 PA. CODE CH. 342, PROPOSED
22 AT 19 PA.B. 5389 (DECEMBER 16, 1989), AS APPROVED BY THE STATE
23 BOARD OF EDUCATION, GOVERNING THE PROVISION OF EARLY
24 INTERVENTION SERVICES, SHALL TAKE EFFECT UPON THEIR
25 REAFFIRMATION BY THE STATE BOARD OF EDUCATION. SHOULD THE STATE
26 BOARD OF EDUCATION PROPOSE TO MAKE ANY REVISIONS IN THE
27 REGULATIONS AT THE TIME OF REAFFIRMATION, AND AT ANY TIME
28 THEREAFTER, THE REGULATIONS SHALL BE SUBJECT TO THE PROVISIONS
29 OF THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS
30 THE COMMONWEALTH DOCUMENTS LAW, THE ACT OF OCTOBER 15, 1980
19890H1861B3471 - 45 -
1 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, AND
2 THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE
3 REGULATORY REVIEW ACT.
4 SECTION 502. EXISTING PROGRAMS.
5 PRIOR TO THE EFFECTIVE DATES IN SECTION 503(2) AND (3), AS
6 APPLICABLE, NOTHING IN THIS ACT SHALL PROHIBIT SCHOOL DISTRICTS,
7 INTERMEDIATE UNITS OR APPROVED PRIVATE PROVIDERS WHICH ARE
8 ENGAGED IN THE PROVISION OF EARLY INTERVENTION SERVICES TO
9 ELIGIBLE INFANTS, TODDLERS AND THEIR FAMILIES, AND TO PRESCHOOL
10 CHILDREN FROM CONTINUING THE SERVICES.
11 SECTION 503. EFFECTIVE DATE.
12 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
13 (1) FOR THE PURPOSES OF MEETING THE PROGRAM REQUIREMENTS
14 IMPOSED UPON THE DEPARTMENT OF PUBLIC WELFARE UNDER THE
15 PROVISIONS OF THE EDUCATION OF THE HANDICAPPED ACT AMENDMENTS
16 OF 1986 (PUBLIC LAW 99-457, 100 STAT. 1145), THIS ACT SHALL
17 TAKE EFFECT JULY 1, 1990.
18 (2) THE PROVISIONS OF THIS ACT PERTAINING TO THE
19 ENTITLEMENT OF SERVICES BY THE DEPARTMENT OF PUBLIC WELFARE
20 SHALL TAKE EFFECT SEPTEMBER 1, 1991.
21 (3) THE PROVISIONS OF THIS ACT PERTAINING TO THE
22 ENTITLEMENT OF SERVICES BY THE DEPARTMENT OF EDUCATION SHALL
23 TAKE EFFECT JULY 1, 1991.
24 (4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
25 IMMEDIATELY.
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