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PRINTER'S NO. 1478
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1270
Session of
2019
INTRODUCED BY TOOHIL, APRIL 17, 2019
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 17, 2019
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
definitions; in Statewide system for provision of early
intervention services, further providing for child
identification, assessment and tracking system; 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:
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
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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 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:
* * *
"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
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.
* * *
"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.
* * *
"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.
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
infants, toddlers and eligible young children who are
handicapped to establish working relationships that will
increase the efficiency and effectiveness of their early
intervention services. The agreement shall outline the
responsibilities of those State and local agencies and shall
implement a coordinated service delivery system through local
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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.
(c) Goal.--Issues under subsection (b) shall be addressed to
meet the requirements of this act and the provisions of Part B
and Part H.
Section 105. Other duties of State agencies.
(a) Statewide system.--The Department of Health, the
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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.
(c) Annual reports.--By July 31, the Department of Health,
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.
* * *
(b) Membership.--The membership of the council shall consist
of the following:
* * *
(10) The Secretary of [Public Welfare] Human Services or
a designee.
* * *
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(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.
* * *
(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.
* * *
(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
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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 infants, 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.
* * *
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.
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(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.
* * *
Section 303. Administration by Department of [Public Welfare]
Human Services.
(a) Assistance to counties.--From the sum appropriated to
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
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.
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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.
(c) Education.--In order to facilitate the transfer of
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.
(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.
* * *
(c) [Public welfare] Human Services.--The Secretary of
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. The Secretary of
Education is authorized to accept responsibility pursuant to
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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
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
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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.
(c) Components of system.--The system shall include, but
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
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
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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; 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.
(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. This act shall take effect in 60 days.
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