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A03825
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1593
Session of
2023
INTRODUCED BY OTTEN, BULLOCK, MADDEN, STURLA, HOWARD, FREEMAN,
HOHENSTEIN, HANBIDGE, RABB, McANDREW, PIELLI, KINSEY, KHAN,
PARKER, SANCHEZ, STEELE, CIRESI, CERRATO, KRAJEWSKI, HILL-
EVANS AND CEPEDA-FREYTIZ, AUGUST 7, 2023
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 4, 2023
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," in general provisions, further
providing for legislative findings for early intervention,
for definitions, for State interagency agreement and for
council; in Statewide system for provision of early
intervention services, further providing for requirements,
for program regulations and standards, for administration by
Department of Public Welfare, for administration by
Department of Education and for child identification,
assessment and tracking system; and making editorial changes.
AMENDING THE ACT OF DECEMBER 19, 1990 (P.L.1372, NO.212),
ENTITLED "AN ACT PROVIDING FOR EARLY INTERVENTION SERVICES
FOR INFANTS, TODDLERS AND PRESCHOOL CHILDREN WHO QUALIFY;
ESTABLISHING THE INTERAGENCY COORDINATING COUNCIL AND
PROVIDING FOR ITS POWERS AND DUTIES; AND CONFERRING POWERS
AND DUTIES UPON THE DEPARTMENT OF EDUCATION AND THE STATE
BOARD OF EDUCATION, THE DEPARTMENT OF HEALTH AND THE
DEPARTMENT OF PUBLIC WELFARE," FURTHER PROVIDING FOR TITLE OF
THE ACT; IN GENERAL PROVISIONS, FURTHER PROVIDING FOR
LEGISLATIVE FINDINGS FOR EARLY INTERVENTION, FOR DEFINITIONS,
FOR STATE INTERAGENCY AGREEMENT, FOR OTHER DUTIES OF STATE
AGENCIES AND FOR COUNCIL; IN STATEWIDE SYSTEM FOR PROVISION
OF EARLY INTERVENTION SERVICES, FURTHER PROVIDING FOR
REQUIREMENTS, FOR PROGRAM REGULATIONS AND STANDARDS, FOR
ADMINISTRATION BY DEPARTMENT OF PUBLIC WELFARE, FOR
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ADMINISTRATION BY DEPARTMENT OF EDUCATION AND FOR CHILD
IDENTIFICATION, ASSESSMENT AND TRACKING SYSTEM; IN
MISCELLANEOUS PROVISIONS, FURTHER PROVIDING FOR EFFECTIVE
DATE; AND MAKING EDITORIAL CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 102, 103, 104, 105, 106,
301, 302(a), 303, 304(c), 305 and 503 of the act of December 19,
1990 (P.L.1372, No.212), known as the Early Intervention
Services System Act, are amended to read:
AN ACT
Providing for early intervention services for infants, toddlers
and preschool children who qualify; establishing the
Interagency Coordinating Council and providing for its powers
and duties; and conferring powers and duties upon the
Department of Education and the State Board of Education, the
Department of Health and the Department of [Public Welfare]
Human Services.
Section 102. Legislative findings for early intervention.
(a) Needs.--The General Assembly finds that there is a need
to:
(1) Increase the opportunity for the development of
infants, toddlers and eligible young children who are
[handicapped] disabled in order to minimize their potential
for developmental delay.
(2) Minimize the need for special education services as
these infants, toddlers and eligible young children who are
[handicapped] disabled attain the age of beginners.
(3) Reduce the number of [handicapped] disabled
individuals being placed in institutions and enhance their
potential for independent living in society.
(4) Assist the families of [handicapped] eligible
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infants and toddlers to meet their children's special needs.
(5) Implement the provisions of [Parts B and H] 20
U.S.C. Ch. 33 Subchs. II (relating to assistance for
education of all children with disabilities) and III
(relating to infants and toddlers with disabilities) in order
to be eligible to receive Federal funding to help establish
and maintain programs and services to assist [handicapped]
eligible infants, toddlers and their families and eligible
young children.
(b) Remedy.--The General Assembly further finds that early
intervention services for [handicapped] eligible infants,
toddlers and their families and eligible young children are cost
effective and effectively serve the developmental needs of
children who are [handicapped] disabled.
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adverse childhood experience." An event which can cause a
child to experience trauma as defined in section 102 of the act
of March 10, 1949 (P.L.30. No.14), known as the Public School
Code of 1949.
"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:
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(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
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.
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(xii) For [handicapped] eligible infants and
toddlers, other services required by [Part H] 20 U.S.C.
Ch. 33 Subch. III (relating to infants and toddlers with
disabilities).
(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] 20
U.S.C. Ch. 33 Subch. II (relating to assistance for education
of all children with disabilities). 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
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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. These conditions include Down syndrome, other
chromosomal abnormalities, sensory impairments, including
vision and hearing, inborn errors of metabolism,
microcephaly, severe attachment disorders, including failure
to thrive, seizure disorders and fetal alcohol syndrome.
"Eligible young child." A child who is younger than the age
of beginners and at least three years of age and who meets any
of the following criteria:
(1) The child has any of the following physical or
mental disabilities: autism/pervasive developmental disorder,
serious emotional disturbance, neurological impairment,
deafness/hearing impairment, specific learning disability,
[mental retardation, multihandicap,] intellectual disability,
other health impairment, physical disability, speech
impairment or blindness/visual impairment.
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(2) The child is considered to have a developmental
delay, as defined by regulations of the State Board of
Education and the standards of the Department of Education.
["Handicapped infants and toddlers." Individuals ranging in
age from birth to two years of age, inclusive, who need early
intervention services for any of the following reasons:
(1) They are experiencing developmental delays, as
defined by regulations of the Department of Public Welfare
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
alcohol syndrome.]
"Homeless." An individual who lacks a fixed, regular and
adequate nighttime residence. The term includes:
(1) Children and youth in any of the following:
(i) Who are sharing the housing of another person
due to loss of housing, economic hardship or a similar
reason.
(ii) Who are living in a motel, hotel, trailer park
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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.
(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.
"Lead agency." For early intervention services to eligible
children from birth to two years of age, inclusive, the
Department of [Public Welfare] Human Services; for early
intervention services to eligible young children, the Department
of Education.
"Local interagency agreement." An agreement entered into by
local agencies receiving early intervention funds directly from
the Commonwealth and made under the State interagency agreement
providing for the delivery of early intervention services within
a specified geographic area.
"Mutually agreed-upon written arrangements." An agreement
between the Department of Education and intermediate units,
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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 of the Education for the Handicapped 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.).]
"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] 20 U.S.C. Ch. 33 Subchs. II and III.
Section 104. State interagency agreement.
(a) Interagency agreement.--The Department of Education, the
Department of Health and the Department of [Public Welfare]
Human Services shall enter into and maintain a State interagency
agreement to enable the State and local agencies serving
eligible infants[,] and toddlers and eligible young children
[who are handicapped] to establish working relationships that
will increase the efficiency and effectiveness of their early
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.] 20 U.S.C. Ch. 33 Subchs. II (relating to assistance
for education of all children with disabilities) and III
(relating to infants and toddlers with disabilities) .
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Section 105. Other duties of State agencies.
(a) Statewide system.--The Department of Health, the
Department of [Public Welfare] Human Services and the Department
of Education shall be responsible for the establishment and
maintenance of a Statewide system of early intervention services
as provided in Chapter 3.
(b) Rulemaking.--The Department of Health, the Department of
[Public Welfare] Human Services, the State Board of Education as
the regulatory authority for the Department of Education and the
Department of Education for standards shall submit draft
regulations and standards to the council relating to the
implementation of this act prior to formal promulgation in order
to receive the recommendations of the council. If
recommendations are not received by the appropriate State agency
within 60 days of receipt by the council, the respective
department or board may continue to develop and promulgate
regulations and standards.
(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.
(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)] 20
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U.S.C. Ch. 33 (relating to education of individuals with
disabilities). The term of office of the voting members shall be
three years, except for the cabinet officers or their designees
who shall serve as long as they are in office.
(b) Membership.--The membership of the council shall consist
of the following:
(1) Three parents of [handicapped] eligible infants[,]
or toddlers or eligible young children.
(2) One provider of a child development program, such as
Head Start.
(3) One parent of a child who has received early
intervention services and is now beyond six years of age.
(4) Three providers of early intervention services,
including one school district provider, one intermediate unit
provider and one private provider.
(5) One member from the General Assembly.
(6) One representative of the American Academy of
Pediatrics.
(7) One county mental [health/mental retardation] health
and developmental services administrator or designee.
(8) One individual involved in personnel preparation.
(9) The Secretary of Education or a designee.
(10) The Secretary of [Public Welfare] Human Services or
a designee.
(11) The Secretary of Health or a designee.
(12) As ex officio members, who shall not have voting
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
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subsection (b) must be deputy secretaries, commissioners or
bureau directors.
(d) Officers.--The chair of the council shall be appointed
by the Governor and must be selected from those members who are
neither employees of the Commonwealth nor elected officials.
(e) Committees.--The chair of the council may appoint
special committees, which may include nonmembers of the council,
to make recommendations to the council concerning key issues
related to this act.
(f) Powers and duties.--The council has the following powers
and duties:
(1) To review and comment to the Department of Health,
the Department of [Public Welfare] Human Services, the
Department of Education and the State Board of Education on
draft regulations and standards for the implementation and
maintenance of a Statewide system of early intervention
services which are in accordance with the provisions of this
act and [Parts B and H.] 20 U.S.C. Ch. 33 Subchs. II
(relating to assistance for education of all children with
disabilities) and III (relating to infants and toddlers with
disabilities) .
(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
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Chapter 3;
(ii) suggestions regarding sources of fiscal and
other support from Federal, State, local and private
sources, including insurance coverage; and
(iii) recommendations regarding in-service training
and personnel competencies.
(4) To prepare and submit, with the cooperation of the
Secretary of Education, the Secretary of Health and the
Secretary of [Public Welfare] Human Services, an annual
report during the month of September to the Governor and the
Majority and Minority Chairmen of the Education Committee of
the Senate and the Education Committee of the House of
Representatives. This report shall include the number of
programs being provided by intermediate units, school
districts and public and private providers, including Head
Start; the number of children being served; the status of
compliance with State regulations and standards; descriptive
information on the programs; information on personnel needs;
any suggested changes in State statutes and regulations
governing these programs; any information the United States
Secretary of Education may require; and any other information
the council deems appropriate.
(5) To meet at least six times a year.
(6) To perform other functions required of a state's
interagency coordinating council under [Part H] 20 U.S.C. Ch.
33 Subch. III.
(g) Compensation of members.--The members shall serve
without compensation but shall be reimbursed for reasonable
costs incurred, including costs related to child care.
(h) Staff.--Staff services for the council shall be provided
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by the Department of Health, the Department of [Public Welfare]
Human Services and the Department of Education and shall include
the preparation and distribution of the annual report required
under subsection (f)(4).
Section 301. Requirements.
A Statewide system of coordinated, comprehensive,
multidisciplinary, interagency programs shall be established and
maintained by the Department of Health, the Department of
[Public Welfare] Human Services and the Department of Education
to provide appropriate early intervention services to all
[handicapped] eligible infants[,] and toddlers and their
families and to eligible young children. The system shall
include the following minimum components:
(1) Compatible definitions of the term "developmental
delay" shall be promulgated and adopted by the Department of
[Public Welfare] Human Services, the Department of Health and
the Department of Education, with review and comment of the
council under section 106(f)(1). The definition shall provide
for the continuity of program services and shall be used in
implementing programs under this act.
(2) An assurance that appropriate early intervention
services are available to all eligible [handicapped] eligible
infants[,] and toddlers and their families by September 1,
1991, and to all eligible young children by July 1, 1991.
(3) A timely, comprehensive, multidisciplinary
evaluation of the functioning of each [handicapped] eligible
infant[,] and toddler and eligible young child and the needs
of the families to assist appropriately in the development of
the [handicapped] eligible infant[,] and toddler and eligible
young child.
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(4) For all [handicapped] eligible infants[,] and
toddlers and their families, an IFSP in accordance with [Part
H] 20 U.S.C. Ch. 33 Subch. III (relating to infants and
toddlers with disabilities), including case management
services in accordance with the service plan.
(5) For each eligible young child, an IEP in accordance
with [Part B] 20 U.S.C. Ch. 33 Subch. II (relating to
assistance for education of all children with disabilities).
(6) A comprehensive child-find system, including a
system for making referrals to service providers that
includes timelines and provides for the participation by
primary referral sources.
(7) A public awareness program focusing on early
identification of [handicapped] eligible infants[,] and
toddlers and eligible young children.
(8) A central directory, which includes early
intervention services, resources and experts available in
this Commonwealth and research and demonstration projects
being conducted in this Commonwealth.
(9) A comprehensive system of personnel development and
policies and procedures relating to the establishment and
maintenance of standards to ensure that personnel necessary
to carry out this act are appropriately and adequately
prepared and trained.
(10) A procedure for securing timely reimbursement of
funds.
(11) Procedural safeguards with respect to programs
under this act.
(12) A system for compiling data on the numbers of
[handicapped] eligible infants[,] and toddlers and their
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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] 20 U.S.C. Ch. 33 Subch. III.
(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] 20 U.S.C. Ch. 33 Subch. II, this act and
regulations and standards.
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Section 302. Program regulations and standards.
(a) [Public Welfare] Human Services.--The Department of
[Public Welfare] Human Services shall define and address the
following issues in developing regulations:
(1) Methods for locating and identifying eligible
children.
(2) Criteria for eligible programs.
(3) Contracting guidelines.
(4) Personnel qualifications and a system of preservice
and in-service training.
(5) Early intervention services.
(6) Procedural safeguards.
(7) Appropriate placement, including the least
restrictive environment.
(8) A system of quality assurance, including evaluation
of the developmental appropriateness; quality and
effectiveness of programs; assurance of compliance with
program standards; and provision of assistance to assure
compliance.
(9) Data collection and confidentiality.
(10) Interagency cooperation at the State and local
level through the State interagency agreement and local
interagency agreements.
(11) Content and development of IFSP's.
(12) Any other issues which are required under this act
and [Part H] 20 U.S.C. Ch. 33 Subch. III (relating to infants
and toddlers with disabilities).
* * *
Section 303. Administration by Department of [Public Welfare]
Human Services.
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(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] Intellectual Disability Act of 1966, for the
provision of early intervention services to children from birth
to age two, inclusive. The county offices may meet their
obligation to assure appropriate early intervention services to
all eligible children through contracts with public or private
agencies that meet the requirements of the regulations and
program standards developed under this act. The county offices
shall assure annually that the service providers receiving funds
are in compliance with the Commonwealth's regulations and
standards.
(b) Federal benefits.--Nothing in this act shall preclude
medical or other assistance available under Title V or XIX of
the Social Security Act (Public Law 74-271, 42 U.S.C. § 701 et
seq. or § 1396 et seq.) or any other benefits available under
Federal law.
(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
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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] eligible infants and toddlers, who,
prior to their third birthday, received services under [Part H]
20 U.S.C. Ch. 33 Subch. III (relating to infants and toddlers
with disabilities). The Secretary of Education is authorized to
accept responsibility pursuant to delegation from the Secretary
of [Public Welfare] Human Services under section 303(c) for
providing early intervention services to children less than
three years of age. The Secretary of Education is authorized to
delegate responsibility to the Secretary of [Public Welfare]
Human Services for providing services for certain children over
the age of three.
* * *
Section 305. Child identification, assessment and tracking
system.
(a) Development of system.--The Department of [Public
Welfare] Human Services, the Department of Education and the
Department of Health shall develop a Statewide system for
eligible child identification, assessment and tracking. This
system shall be developed and coordinated by the agencies to
assure that the system is compatible with the child-find system
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as required by [Part B] 20 U.S.C. Ch. 33 Subch. III (relating to
infants and toddlers with disabilities).
(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
of lead poisoning as set by the Department of Health; [and]
children who are homeless[.]; children born to a parent who is
at high risk for or is diagnosed as having postpartum depression
and referred by a physician, health care provider or parent; and
children who are at high risk of experiencing an adverse
childhood experience. 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.
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(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
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;] 20 U.S.C. Ch. 33
(relating to education of individuals with disabilities) 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:
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(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 2. This act shall take effect in 60 days.
SECTION 1. THE TITLE AND SECTIONS 102, 103, 104, 105, 106,
301, 302(A), 303, 304(C), 305 AND 503 OF THE ACT OF DECEMBER 19,
1990 (P.L.1372, NO.212), KNOWN AS THE EARLY INTERVENTION
SERVICES SYSTEM ACT, ARE AMENDED TO READ:
AN ACT
PROVIDING FOR EARLY INTERVENTION SERVICES FOR INFANTS, TODDLERS
AND PRESCHOOL CHILDREN WHO QUALIFY; ESTABLISHING THE
INTERAGENCY COORDINATING COUNCIL AND PROVIDING FOR ITS POWERS
AND DUTIES; AND CONFERRING POWERS AND DUTIES UPON THE
DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, THE
DEPARTMENT OF HEALTH AND THE DEPARTMENT OF [PUBLIC WELFARE]
HUMAN SERVICES.
SECTION 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
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INFANTS, TODDLERS AND ELIGIBLE YOUNG CHILDREN WHO ARE
[HANDICAPPED] DISABLED IN ORDER TO MINIMIZE THEIR POTENTIAL
FOR DEVELOPMENTAL DELAY.
(2) MINIMIZE THE NEED FOR SPECIAL EDUCATION SERVICES AS
THESE INFANTS, TODDLERS AND ELIGIBLE YOUNG CHILDREN WHO ARE
[HANDICAPPED] DISABLED ATTAIN THE AGE OF BEGINNERS.
(3) REDUCE THE NUMBER OF [HANDICAPPED] DISABLED
INDIVIDUALS BEING PLACED IN INSTITUTIONS AND ENHANCE THEIR
POTENTIAL FOR INDEPENDENT LIVING IN SOCIETY.
(4) ASSIST THE FAMILIES OF [HANDICAPPED] ELIGIBLE
INFANTS AND TODDLERS TO MEET THEIR CHILDREN'S SPECIAL NEEDS.
(5) IMPLEMENT THE PROVISIONS OF PARTS B AND [H] C IN
ORDER TO BE ELIGIBLE TO RECEIVE FEDERAL FUNDING TO HELP
ESTABLISH AND MAINTAIN PROGRAMS AND SERVICES TO ASSIST
[HANDICAPPED] ELIGIBLE INFANTS, TODDLERS AND THEIR FAMILIES
AND ELIGIBLE YOUNG CHILDREN.
(B) REMEDY.--THE GENERAL ASSEMBLY FURTHER FINDS THAT EARLY
INTERVENTION SERVICES FOR [HANDICAPPED] ELIGIBLE INFANTS,
TODDLERS AND THEIR FAMILIES AND ELIGIBLE YOUNG CHILDREN ARE COST
EFFECTIVE AND EFFECTIVELY SERVE THE DEVELOPMENTAL NEEDS OF
CHILDREN WHO ARE [HANDICAPPED] DISABLED.
SECTION 103. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AGE OF BEGINNERS." THE MINIMUM AGE ESTABLISHED BY THE
SCHOOL DISTRICT BOARD OF DIRECTORS FOR ADMISSION TO THE
DISTRICT'S FIRST GRADE UNDER 22 PA. CODE § 11.15 (RELATING TO
ADMISSION OF BEGINNERS).
"COUNCIL." THE INTERAGENCY COORDINATING COUNCIL ESTABLISHED
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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
SERVICES.
(X) HEALTH SERVICES NECESSARY TO ENABLE THE INFANT
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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.).]
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"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. THESE CONDITIONS INCLUDE DOWN SYNDROME, OTHER
CHROMOSOMAL ABNORMALITIES, SENSORY IMPAIRMENTS, INCLUDING
VISION AND HEARING, INBORN ERRORS OF METABOLISM,
MICROCEPHALY, SEVERE ATTACHMENT DISORDERS, INCLUDING FAILURE
TO THRIVE, SEIZURE DISORDERS AND FETAL ALCOHOL SYNDROME.
"ELIGIBLE YOUNG CHILD." A CHILD WHO IS YOUNGER THAN THE AGE
OF BEGINNERS AND AT LEAST THREE YEARS OF AGE AND WHO MEETS ANY
OF THE FOLLOWING CRITERIA:
(1) THE CHILD HAS ANY OF THE FOLLOWING PHYSICAL OR
MENTAL DISABILITIES: AUTISM/PERVASIVE DEVELOPMENTAL DISORDER,
SERIOUS EMOTIONAL DISTURBANCE, NEUROLOGICAL IMPAIRMENT,
DEAFNESS/HEARING IMPAIRMENT, SPECIFIC LEARNING DISABILITY,
[MENTAL RETARDATION, MULTIHANDICAP,] INTELLECTUAL DISABILITY,
OTHER HEALTH IMPAIRMENT, PHYSICAL DISABILITY, SPEECH
IMPAIRMENT OR BLINDNESS/VISUAL IMPAIRMENT.
(2) THE CHILD IS CONSIDERED TO HAVE A DEVELOPMENTAL
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