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S1341.................................................by HEALTH AND WELFARE
EARLY CHILDHOOD AND EARLY INTERVENTION SERVICES - Amends existing law
relating to early childhood and early intervention services to expand
legislative findings; to expand legislative policy; to revise definitions;
to provide for an early childhood and early intervention system; to provide
for an Early Childhood Coordinating Council; to provide for administration
and oversight of the council; to provide that the council shall be
designated by the governor; to provide council membership and duties; to
provide responsibilities of the Department of Health and Welfare as the
early intervention lead agency; to provide for regional early childhood
coordinating committees; to provide for membership and responsibilities of
the committees; to provide requirements of the individualized family
service plan; to provide for early intervention procedural safeguards; to
specify funding sources; and to create the Early Childhood Coordinating
Council Fund.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Health/Wel
02/07 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Andreason
Title apvd - to House
02/15 House intro - 1st rdg - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1341
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO EARLY CHILDHOOD AND EARLY INTERVENTION SERVICES; AMENDING THE
3 HEADING FOR CHAPTER 1, TITLE 16, IDAHO CODE; AMENDING SECTION 16-101,
4 IDAHO CODE, TO EXPAND LEGISLATIVE FINDINGS AND TO MAKE A TECHNICAL CORREC-
5 TION; AMENDING SECTION 16-102, IDAHO CODE, TO EXPAND LEGISLATIVE POLICY OF
6 THE STATE; AMENDING SECTION 16-103, IDAHO CODE, TO REVISE DEFINITIONS AND
7 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-104, IDAHO CODE, TO
8 PROVIDE FOR AN EARLY CHILDHOOD AND EARLY INTERVENTION SYSTEM; AMENDING
9 SECTION 16-105, IDAHO CODE, TO PROVIDE FOR AN EARLY CHILDHOOD COORDINATING
10 COUNCIL, TO PROVIDE FOR THE ADMINISTRATION AND OVERSIGHT OF THE COUNCIL,
11 TO PROVIDE THAT THE COUNCIL BE DESIGNATED BY THE GOVERNOR AND TO PROVIDE
12 COUNCIL MEMBERSHIP CRITERIA; AMENDING SECTION 16-106, IDAHO CODE, TO PRO-
13 VIDE DUTIES FOR THE EARLY CHILDHOOD COORDINATING COUNCIL AND TO MAKE TECH-
14 NICAL CORRECTIONS; AMENDING SECTION 16-107, IDAHO CODE, TO PROVIDE RESPON-
15 SIBILITIES OF THE DEPARTMENT OF HEALTH AND WELFARE AS THE EARLY INTERVEN-
16 TION LEAD AGENCY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
17 16-108, IDAHO CODE, TO PROVIDE FOR REGIONAL EARLY CHILDHOOD COORDINATING
18 COMMITTEES AND TO PROVIDE FOR MEMBERSHIP CRITERIA AND RESPONSIBILITIES FOR
19 THE COMMITTEES; AMENDING SECTION 16-109, IDAHO CODE, TO REVISE REQUIRE-
20 MENTS FOR THE INDIVIDUALIZED FAMILY SERVICE PLAN AND TO MAKE TECHNICAL
21 CORRECTIONS; AMENDING SECTION 16-110, IDAHO CODE, TO PROVIDE FOR EARLY
22 INTERVENTION PROCEDURAL SAFEGUARDS AND TO MAKE TECHNICAL CORRECTIONS;
23 AMENDING SECTION 16-111, IDAHO CODE, TO REVISE USES OF FUNDS, TO REMOVE A
24 SPECIFIC REFERENCE TO FEDERAL LAW, TO MAKE A TECHNICAL CORRECTION, TO
25 SPECIFY FUNDING SOURCES AND TO CREATE THE EARLY CHILDHOOD COORDINATING
26 COUNCIL FUND IN THE STATE TREASURY; AND AMENDING SECTION 16-113, IDAHO
27 CODE, TO MAKE A TECHNICAL CORRECTION.
28 Be It Enacted by the Legislature of the State of Idaho:
29 SECTION 1. That the Heading for Chapter 1, Title 16, Idaho Code, be, and
30 the same is hereby amended to read as follows:
31 CHAPTER 1
32 EARLY CHILDHOOD AND EARLY INTERVENTION SERVICES
33 SECTION 2. That Section 16-101, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 16-101. LEGISLATIVE FINDINGS. The legislature finds that there is an
36 urgent and substantial need:
37 (1) To enhance the understanding of and the development of all young
38 children from birth to eight (8) years of age, including infants and toddlers
39 with developmental delays or disabilities in the state of Idaho in order to
40 minimize developmental delay, and to maximize individual potential for adult
41 independence;
2
1 (2) To enhance the capacity of families to meet the special needs of
2 their young children, particularly infants and toddlers with developmental
3 delays or disabilities;
4 (3) To reduce the educational costs by minimizing the need for special
5 education and related services after young children and infants and toddlers
6 with developmental delays or disabilities reach school age;
7 (4) To reduce social services costs and to minimize the likelihood of
8 institutionalization of individuals with developmental delays or disabilities;
9 (5) To reduce the health costs of preventable secondary impairments and
10 disabilities by screening and monitoring children at risk and improving the
11 long-term health of young children, including infants and toddlers with devel-
12 opmental delays or disabilities; and
13 (6) To comply with federal law as it pertains to services for infants and
14 toddlers with developmental delays or disabilities and their families; and
15 (7) To develop, implement, and sustain a statewide early care and learn-
16 ing strategic plan.
17 SECTION 3. That Section 16-102, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 16-102. POLICY. The legislature intends that the policy of the state of
20 Idaho shall be:
21 (1) To reaffirm the importance of the family in all areas of the child's
22 development and to reinforce the role of the family in the decision making
23 processes regarding their child;
24 (2) To provide assistance and support to the family of an infant or
25 toddler with a developmental delay or disability that addresses the individual
26 needs of the family;
27 (3) To develop and implement with available resources a statewide screen-
28 ing and tracking system for infants and toddlers at risk;
29 (4) To develop and implement a statewide, comprehensive, coordinated,
30 multidisciplinary, interagency system of early childhood and early interven-
31 tion services for all young children and specifically infants and toddlers
32 with developmental delays or disabilities and their families;
33 (5) To enhance the capacity to provide quality early intervention child-
34 hood services and expand and improve existing early intervention services
35 being provided to infants and toddlers with developmental delays or disabili-
36 ties;
37 (6) To facilitate the coordination of payment for early childhood and
38 early intervention services from federal, state, local, and private sources
39 including public and private insurance coverage; and
40 (7) To guarantee financial assistance for the purposes of coordinating
41 early intervention services in communities and to enhance their capacity to
42 provide individualized services to infants and toddlers with developmental
43 delays or disabilities and their families; and
44 (8) To build on statewide outcomes and shared goals that will enhance the
45 well-being of the child through family and community efforts.
46 SECTION 4. That Section 16-103, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 16-103. DEFINITIONS. In this chapter:
49 (1) "Allocation" means state and federal funds designated for coordina-
50 tion of program functions in the seven (7) regions.
51 (2) "Applications" means the documents submitted by the regional infant
3
1 toddler early childhood committees to the infant toddler early childhood coor-
2 dinating council, detailing the budget request for the regional committee
3 activities and comprehensive component plans for the planning and coordination
4 of programs authorized in this chapter.
5 (3) "Awards and contracts" means the state and federal funds designated
6 by the early intervention lead agency or the early childhood coordinating
7 council for projects relating to planning, resource development, or provision
8 of direct service.
9 (4) "Council" means the state interagency early childhood coordinating
10 council established in section 16-105, Idaho Code.
11 (5) "Director" means the director of the department of health and wel-
12 fare.
13 (6) "Early intervention services" means those services which are provided
14 under public supervision by qualified personnel, in conformity with the indi-
15 vidualized family service plan (IFSP), and are designed to meet the develop-
16 mental needs of eligible children as defined in this chapter. These services
17 are selected and provided in collaboration with the families; and, to the
18 extent appropriate, are provided in types of settings in which infants and
19 toddlers without developmental delays or disabilities would participate. These
20 services, necessary to enable the child to benefit from the other early inter-
21 vention services, include:
22 (a) aAudiology;
23 (b) case management Service coordination services, including transitions
24 planning;
25 (c) fFamily training, counseling or home-based services;
26 (d) hHealth services including dental;
27 (e) mMedical services for diagnostic or evaluation purposes only;
28 (f) nNursing services to support the implementation of the IFSP;
29 (g) nNutrition services;
30 (h) oOccupational therapy;
31 (i) pPhysical therapy;
32 (j) pPsychological services;
33 (k) rRespite care;
34 (l) sSocial work services;
35 (m) sSpecial instruction/developmental therapy;
36 (n) sSpeech and language pathology services; and
37 (o) tTransportation including the cost of travel (e.g., mileage, or
38 travel by taxi, common carrier, or other means) and related costs (parking
39 expense) that are necessary to enable an eligible child and the child's
40 family to receive early intervention services; and
41 (p) Vision and mobility training.
42 (67) "Early childhood and early intervention system" means the management
43 structure established in this chapter, comprised of the interdependent contin-
44 uum of services and activities for the provision of a statewide, comprehen-
45 sive, coordinated, multidisciplinary, interagency program for young children
46 who have a disability or are at risk from birth to eight (8) years of age.
47 (8) "Early childhood services" means services delivered by entities which
48 meet current nationally recognized standards applicable to them, or other com-
49 parable standards adopted by promulgated rules.
50 (9) "Early intervention lead agency" means the department of health and
51 welfare.
52 (710) "Health and safety standards" means those standards which address
53 the facilities where early intervention young children receive services, are
54 offered, excluding the child's home. Such standards may include, but are not
55 limited to, the dimensions or size of a facility, communicable disease, social
4
1 environment, nutrition, immunization, and fire codes.
2 (811) "Include" means that all items named are not all of the possible
3 items that are covered whether like or unlike the ones named.
4 (912) "Individualized family service plan (IFSP)" means a written plan
5 designed to address the strengths and needs of an infant or toddler with
6 developmental delays or disabilities and the family that meets the require-
7 ments of section 16-109, Idaho Code.
8 (103) "Infants and toddlers at risk" means children who are in need of
9 screening and tracking services to monitor their development because they
10 have:
11 (a) Medical or biological risk factors, which refer to prenatal,
12 perinatal, and neonatal events which increase the probability of delayed
13 development or result in disability (e.g., low birth weight, prematurity,
14 abnormal neurological findings); or
15 (b) Environmental risk factors, which refer to high-risk environmental
16 influences that may affect development or result in developmental delays
17 or disability (e.g., adolescent parent, poverty, psychiatric stress or
18 known history of child abuse or neglect).
19 (114) "Infants and toddlers with developmental delays or disabilities"
20 means children from ages birth to thirty-six (36) months who need early inter-
21 vention services because:
22 (a) They are experiencing developmental delays, as measured by diagnostic
23 instruments and procedures (referenced in administrative rules) in one (1)
24 or more of the following areas:
25 (i) pPhysical development;
26 (ii) cCognitive development;
27 (iii) cCommunication, language, speech and hearing development;
28 (iv) psychosocial Social and emotional development;
29 (v) self-help Adaptive skills;
30 (vi) sSensory skills; or
31 (b) They are at risk of experiencing developmental delay due to estab-
32 lished risk factors, which refer to diagnosed disorders where the condi-
33 tion is known to ultimately affect development or result in disability
34 (e.g., the congenital anomalies associated with Down syndrome or
35 hydrocephaly, or prenatal exposure to substances).
36 (12) "Lead agency" means the department of health and welfare.
37 (135) "Multidisciplinary team" means a group comprised of the parent(s) or
38 legal guardian and the professionals described in this chapter, as appropri-
39 ate, who are assembled for the purposes of assessing the developmental needs
40 of an infant or toddler, developing the IFSP, and providing the infant or
41 toddler and the family with the early intervention services as detailed in the
42 IFSP designed to meet the individual family needs.
43 (146) "Program standards" means those nationally acceptable standards
44 which address the coordination and provision of early intervention childhood
45 services. Such standards may include, but are not limited to, service year,
46 length of program, personnel qualifications, staff/child ratio, caseload, max-
47 imum class size, and length of day.
48 (157) "Qualified" means that a person has met the highest standards of
49 state approved or recognized certification, licensing, registration or other
50 comparable requirements that apply to the area in which the person is provid-
51 ing early intervention childhood services.
52 (168) "Region" means one (1) of the seven (7) administrative regions of
53 the lead agency as defined by the department of health and welfare.
54 (179) "Regional committee" means an interagency early childhood coordinat-
55 ing committee established within each of the seven (7) administrative regions
5
1 of the early intervention lead agency to facilitate interagency coordination
2 at the regional level and provide applications for regional committee activi-
3 ties, planning and direction for regional program activities.
4 (1820) "Screening and tracking services" means the identification of
5 infants and toddlers delayed or at risk of delay using standardized proce-
6 dures, and the entry of demographic information into an automated system for
7 periodically monitoring the child's services or need for services.
8 (1921) "Service providers" means those individuals or programs that
9 deliver services to young children and specifically those eligible infants and
10 toddlers and their families in compliance with the applicable standards of
11 state and local licensing and operational rules and regulations.
12 SECTION 5. That Section 16-104, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 16-104. EARLY CHILDHOOD AND EARLY INTERVENTION SYSTEM. The early child-
15 hood and early intervention system shall consist of the early intervention
16 lead agency, early childhood coordinating council, the regional early child-
17 hood coordinating committees, program personnel, a statewide parent education
18 and resource system, eligible children, families, advocates, and public and
19 private providers of early childhood and early intervention services. The
20 early intervention lead agency in partnership with the early childhood coordi-
21 nating council shall identify statewide and regional early intervention staff
22 to be responsible for planning, developing, coordinating, monitoring and eval-
23 uating the requirements of this chapter.
24 SECTION 6. That Section 16-105, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 16-105. INTERAGENCY EARLY CHILDHOOD COORDINATING COUNCIL. (1) The gover-
27 nor shall appoint the members and the a chair or co-chairs of the interagency
28 early childhood coordinating council. For budgetary purposes, the council
29 shall be assigned to the lead agency The administration and budgetary over-
30 sight shall be designated by the governor. The term of appointment for a mem-
31 ber of the council shall be three (3) years, and members may be reappointed.
32 In making appointments to the council, the governor shall ensure that the mem-
33 bership geographically represents the population of the state and the entities
34 who have responsibility for early childhood and early intervention services.
35 (2) The council membership shall consist of at least those required by
36 federal code including:
37 (a) Parents of young children to include aAt least three (3) twenty per-
38 cent (20%) of council membership who are parents of young children with
39 developmental delays or disabilities;
40 (b) At least three two (32) public or private providers of early inter-
41 vention services;
42 (c) At least three (3) professionals who provide early care and learning
43 services such as preschool, elementary school, parent education, childcare
44 or afterschool care;
45 (d) At least one (1) member of the state legislature;
46 (de) At least one (1) person involved in personnel preparation;
47 (ef) The superintendent of public instruction, or designee;
48 (f) A representative of the executive council of the lead agency;
49 (g) A physician or health care professional skilled in early interven-
50 tion;
51 (h) A representative of the council on developmental disabilities from
6
1 early childhood professional organizations;
2 (i) A representative of the state medicaid agency;
3 (j) A representative of the state child welfare agency responsible for
4 foster care;
5 (k) A representative of the state agency responsible for children's men-
6 tal health;
7 (l) A representative of the state agency responsible for maternal and
8 child health;
9 (m) A representative of the state department of insurance;
10 (n) A representative of the office of the coordinator of education of the
11 homeless;
12 (o) A representative of the Idaho migrant council or migrant head start
13 program;
14 (p) A representative of either the bureau of Indian affairs, Indian
15 health services or an American Indian head start program;
16 (q) A representative of the state agency responsible for child care;
17 (r) A head start association or program representative;
18 (s) A representative of the head start collaboration office;
19 (t) A representative of the governor's office;
20 (u) A representative of the Idaho infant toddler program; and
21 (v) A representative of the seven (7) regional early childhood coordinat-
22 ing committees as described in section 16-108, Idaho Code.
23 SECTION 7. That Section 16-106, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 16-106. DUTIES OF EARLY CHILDHOOD COORDINATING COUNCIL. (1) The early
26 childhood coordinating council shall have the following authority, duties and
27 responsibilities, and such other functions as may be assigned by executive
28 order:
29 (a) To assist the early intervention lead agency and all other appropri-
30 ate agencies in ensuring the joint development and maintenance of a state-
31 wide system of coordinated, comprehensive, multidisciplinary, interagency
32 programs providing early childhood and early intervention services to all
33 infants and toddlers with developmental delays or disabilities and their
34 families. Such system shall Minimum components necessary for a statewide
35 early childhood and early intervention system include: the following mini-
36 mum components:
37 (i) a A definition of child and family early intervention eligi-
38 bility under this program;
39 (ii) a A central directory, accessible to the general public;
40 (iii) a A public awareness program;
41 (iv) a A child find program consistent with the individuals with
42 disabilities education act, as amended, which identifies infants and
43 toddlers with developmental delays or disabilities and other risk
44 factors;
45 (v) a A comprehensive, multidisciplinary evaluation for each
46 referred child referred to early intervention;
47 (vi) a A program of personnel development;
48 (vii) sStandards and certification necessary to assure qualified
49 personnel;
50 (viii) fFamily education and participation; throughout the early
51 intervention system;
52 (ix) a A statewide data collection system for monitoring and evalu-
53 ating the early childhood and early intervention system. The system
7
1 shall meet the individuals with disabilities education act, as
2 amended, federal requirements and statewide needs;
3 (x) aAn individualized family services plan for each eligible
4 child and family who chooses to participate in the early intervention
5 program;
6 (xi) pProcedural safeguards that meet the federal and state
7 requirements. in section 16-110, Idaho Code.
8 (b) To assist the early intervention lead agency and all other appropri-
9 ate agencies to ensure:
10 (i) aAdoption of uniform or compatible administrative rules dealing
11 with early childhood and early intervention services;
12 (ii) rReasonable transition between and among the participating
13 agencies;
14 (iii) aAvailable funds under the provisions of this chapter are
15 shared by the participating agencies in a manner that enables the
16 optimum provision of necessary services for the children and the fam-
17 ily families;
18 (iv) uUniformity of program and health and safety standards; and
19 (v) pProgram policies dealing with early childhood and infants and
20 toddlers with developmental delays or disabilities and their families
21 reflect the policy priorities of the council.
22 (c) To participate with the early intervention lead agency in the imple-
23 mentation of time lines timelines for a statewide, comprehensive, coordi-
24 nated, interagency system of early intervention services;
25 (d) To prepare and submit periodic reports no less than annually to the
26 governor, legislature and the early intervention lead agency on the status
27 of early childhood and early intervention programs for infants and
28 toddlers with developmental delays or disabilities and their families with
29 recommendations for timely corrective action as needed;
30 (e) To develop a public awareness program focusing on the importance of
31 early care and learning and early identification of infants and toddlers
32 with developmental delays or disabilities;
33 (f) To participate with the early intervention lead agency and other
34 appropriate agencies in the development, maintenance, evaluation, and
35 revision of program, health and safety standards;
36 (g) To conduct public hearings promote public input and community needs
37 assessments for the purpose of developing and maintaining the statewide
38 strategic plan and applications for funding;
39 (h) To monitor and update implementation of the statewide strategic plan;
40 and
41 (i) To prepare an operating budget and review expenditures annually.
42 (2) No member of the council shall cast a vote on any matter which would
43 provide direct financial benefit to that member or otherwise give the appear-
44 ance of a conflict of interest.
45 SECTION 8. That Section 16-107, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 16-107. RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND WELFARE. The
48 department of health and welfare, as the early intervention lead agency for
49 administration of the provisions of this chapter, shall have primary responsi-
50 bility for:
51 (a1) The administration of all funds appropriated to implement the provi-
52 sions of early intervention services of this chapter;
53 (b2) The identification and coordination of all available financial
8
1 resources within the state from federal, state, local and private sources;
2 (c3) The entry into formal intra-agency and interagency agreements with
3 other agencies involved in early childhood or early intervention services. The
4 agreement(s) must include programmatic and financial responsibility, proce-
5 dures for resolving disputes and additional components necessary to ensure
6 effective cooperation and coordination among all agencies involved in the
7 state's early intervention system. Agreements are to include statements
8 addressing nonsubstitution or commingling of funds, interim payments and reim-
9 bursements, nonreduction of benefits and confidentiality. Agreements are to be
10 signed by the administrators of:
11 (ia) tTitle V, social security act (relating to maternal and child
12 health);
13 (iib) tTitle XIX, social security act (relating to medicaid and EPSDT);
14 (iiic) tThe head start act;
15 (ivd) pParts B and HC of the individuals with disabilities education act,
16 as amended;
17 (ve) sSubpart 2, part B, chapter title I of title I of elementary and
18 secondary education act, 1964, as amended the no child left behind act, as
19 amended;
20 (vif) tThe developmentally disabled assistance and bill of rights act
21 (PL100-146);
22 (viig) oOther federal programs.
23 (d4) The entry into contracts with service provider agencies within a
24 local community which have been identified by the regional committee;
25 (e5) The development of procedures to monitor early intervention services
26 that are provided to infants and toddlers with developmental delays or dis-
27 abilities and their families;
28 (f6) The development of procedures to ensure that early intervention ser-
29 vices are provided to infants and toddlers with developmental delays or dis-
30 abilities and their families in a timely manner pending resolution of any dis-
31 putes among public agencies or service providers;
32 (g7) The writing of all policy policies and procedures and administrative
33 rules in conjunction with the council which are necessary for implementation
34 of the provisions of this chapter;
35 (h8) Providing staff and services as may be necessary to carry out the
36 functions of the interagency early childhood coordinating council.
37 SECTION 9. That Section 16-108, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 16-108. REGIONAL EARLY CHILDHOOD COORDINATING COMMITTEES. (1) The
40 regional director of each of the seven (7) administrative regions of the early
41 intervention lead agency shall appoint a local interagency early childhood
42 coordinating committee to assist the regional early intervention lead agency
43 and all other appropriate agencies in the planning and coordinating of early
44 childhood and early intervention services for infants and toddlers with devel-
45 opmental delays or disabilities and their families who reside within the
46 region served by the regional committee. With recommendations from the
47 regional committee, the regional director shall appoint staff to support
48 regional committee activities and early intervention services. Staff persons
49 will report to the regional director.
50 (2) Membership on the committee shall consist of parents, agency person-
51 nel with the authority to effectively represent their agencies and other pub-
52 lic officials, early childhood professionals and private providers.
53 (3) The regional interagency early childhood coordinating committee shall
9
1 have the following responsibility responsibilities:
2 (a) To advise and assist the early childhood coordinating council on
3 regional issues or concerns; and
4 (b) To assist the early intervention lead agency and other appropriate
5 agencies in the implementation of the early intervention system locally as
6 stipulated in rules and regulations; and
7 (c) To identify and nominate a representative for consideration as the
8 representative of the seven (7) regional committees on the state early
9 childhood coordinating council.
10 SECTION 10. That Section 16-109, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 16-109. INDIVIDUALIZED FAMILY SERVICE PLAN. (1) Infants and toddlers
13 receiving early intervention services and their families shall receive the
14 following:
15 (a) A comprehensive multidisciplinary evaluation of the strengths and
16 needs of the infant or toddler and the family, and the identification of
17 services to meet such needs;
18 (b) An explanation of the multidisciplinary evaluation and all service
19 options in the family's native language or through an interpreter, if nec-
20 essary; and
21 (c) A written individualized family service plan developed by a
22 multidisciplinary team with the parents as fully participating members of
23 the team.
24 (2) The individualized family service plan shall be developed within a
25 reasonable time following the completed evaluation required in subsection (1)
26 of this section. With the parent's consent, development of an interim
27 individualized family service plan and compliance with evaluation timelines,
28 early intervention services may commence prior to the completion of such
29 assessment.
30 (3) The individualized family service plan shall be in writing and a copy
31 of the plan shall be made available to the family, and in the family's native
32 language when appropriate and necessary to ensure understanding, and shall
33 contain the following:
34 (a) A statement of the infant's or toddler's present levels of physical
35 development, cognitive development, communication, language and speech
36 development, psychosocial social and emotional development, sensory
37 impairment development and self-help adaptive skills based on objective
38 criteria;
39 (b) A statement of the family's strengths and needs related to enhancing
40 the development of the infant or toddler with developmental delays or dis-
41 abilities, developed with concurrence of the family;
42 (c) A statement of the goals and objectives expected to be achieved for
43 the infant or toddler and the family, including the criteria, procedures,
44 and time lines timelines used to determine the degree to which progress
45 toward achieving the outcomes is being made, and whether modifications or
46 revisions of the outcomes or services are necessary;
47 (d) A statement of specific early intervention services necessary to meet
48 the individual needs of the infant or toddler with developmental delays or
49 disabilities and the family; such statement should include the frequency,
50 intensity and the method of delivering these services;
51 (e) A statement of the health status, and medical needs of the infant or
52 toddler and family to support the development of the child, and the names
53 of the health care providers;
10
1 (f) The projected dates for initiation of services and the anticipated
2 duration of such services;
3 (g) The name of the case manager service coordinator who will be respon-
4 sible for facilitating the implementation of the plan and coordination
5 with other agencies and persons; and
6 (h) The steps to be taken in supporting the transition of the infant or
7 toddler to other services.
8 (4) The individualized family service plan shall serve as the singular
9 comprehensive service plan for all agencies involved in providing early inter-
10 vention services to the infant or toddler and the family.
11 (5) The individualized family service plan shall be evaluated once a year
12 and the family shall be provided a review of the plan at six (6) months inter-
13 vals or more frequently where appropriate based on the needs of the infant or
14 toddler and the family.
15 SECTION 11. That Section 16-110, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 16-110. EARLY INTERVENTION PROCEDURAL SAFEGUARDS. The early intervention
18 procedural safeguards to be included in the statewide system shall provide, at
19 a minimum, the following:
20 (1) The timely administrative resolution of complaints by parents;
21 (2) The right to confidentiality of personally identifiable information;
22 (3) The opportunity for the parents or guardian to examine and receive a
23 copy of records relating to assessment, screening eligibility determinations,
24 and the development and implementation of the IFSP;
25 (4) Procedures to protect the rights of the infant or toddler with devel-
26 opmental delays or disabilities whenever the parents or guardian of the child
27 are is not known or are is unavailable or the child is a ward of the state,
28 including the assignment of an individual (who shall not be an employee of any
29 state agency involved in the provision of early intervention or other services
30 to the child) to act as surrogate for the parents or guardian;
31 (5) Written notice to the parents or guardian of the infant or toddler
32 whenever the state agency or service provider proposes, or refuses, to initi-
33 ate or change the identification, evaluation, placement, or the provision of
34 early intervention services to the infant or toddler;
35 (6) Written consent of the parents or guardian of the infant or toddler
36 whenever the state agency or service provider proposes to initiate or change
37 the identification, evaluation, placement or the provision of early interven-
38 tion services to the infant or toddler;
39 (7) Procedures designed to assure that the notice required in subsection
40 (5) of this section fully informs the parents or guardian, in the parents' or
41 guardian's native language or by an interpreter of all procedures available
42 pursuant to this section; and
43 (8) Procedures for impartial complaint resolution.
44 SECTION 12. That Section 16-111, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 16-111. USES OF FUNDS. Funds for the early childhood and early interven-
47 tion system may be used according to the following provisions:
48 (1) The use of the federal P.L. 99-457, part H individuals with disabili-
49 ties education act, as amended, funds as well as state funds for early inter-
50 vention services shall be allocated by the director through collaborative
51 regional programs to implement the statewide system required under such law,
11
1 in the following priority:
2 (1a) For early intervention services to infants and toddlers with devel-
3 opmental delays or disabilities that are not otherwise provided from other
4 public or private funds;
5 (2b) To expand and improve on the services for infants and toddlers with
6 developmental delays or disabilities that are otherwise available; and
7 (3c) For screening and tracking of infants and toddlers at risk of devel-
8 opmental delay.
9 (2) The early childhood coordinating council may accept private contribu-
10 tions, federal funds, funds from other public agencies or any other sources.
11 (3) There is hereby established in the state treasury the early childhood
12 coordinating council fund. The moneys shall be used to support statewide
13 efforts in the development and sustainability of this council and to support
14 early childhood services.
15 SECTION 13. That Section 16-113, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 16-113. MAINTENANCE OF EXISTING PROGRAM LEVELS. Nothing in this chapter
18 shall be construed to permit:
19 (1) The reduction of local, state, or federal medical or other assistance
20 available;
21 (2) The alteration of eligibility under title V of the social security
22 act (relating to maternal and child health);
23 (3) The alteration of eligibility under title XIX of the social security
24 act (relating to medicaid for infants and toddlers with developmental delays
25 or disabilities);
26 (4) The reduction of early intervention services provided by the state
27 department of education, the department of health and welfare, or the school
28 for the deaf and the blind.
STATEMENT OF PURPOSE
RS 15492C1
Proposed amendments to Title 16, Chapter 1, the Early
Intervention Services Act to modify the Interagency Coordinating
Council's (ICC) duties (16-105) by expanding the scope of
responsibility to incorporate the spectrum of early childhood
matters (age birth through age 8) and expanding membership to
assure representation to meet the reauthorized requirements of
the federal Individuals with Disabilities Education Act, Part C,
P. L. 108-446, and assure needed representation to advise and
assist implementation of the Early Care and Learning Plan
recently completed by the Early Care and Learning Cross System
Task Force (ECLCSTF). The proposal would move responsibility for
the ICC out of the Dept. of Health and Welfare and merge the work
of the ICC with that of the ECLCSTF (currently staffed through
the Governor's office) to prevent duplicated effort, ensure
coordination, align plans, and create efficiencies in operations.
FISCAL NOTE
There is no increased fiscal impact expected from the proposed
amendments. The following change will be required: current funds
that support the ICC will be re-directed ($37,000/yr.) from the
Department of Health and Welfare to be combined with the portion
of the existing 3 year Maternal and Child Health Early Childhood
Comprehensive Systems grant funds that are dedicated for the
ECLCSTF staffing and task force operations (approx. $52,000/yr.).
These existing resources will sustain staffing and operating
expenses for the merged council.
CONTACT
Name: Mary Jones
Agency: Health and Welfare
Phone: 334-5523
STATEMENT OF PURPOSE/FISCAL NOTE S 1341