Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 500 - EARLY INTERVENTION PROGRAM › Subpart A - GENERAL PROVISIONS › Section 500.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Early Intervention Services System Act
				  [325 ILCS
				  20 ].
"Assessment" means the ongoing procedures used by qualified
				  personnel to identify the child's unique strengths and needs and the early
				  intervention services appropriate to meet those needs throughout the period of
				  the child's eligibility and includes the assessment of the child and the
				  child's family. An initial assessment refers to the assessment of the child and
				  family conducted prior to the child's first Individualized Family Service Plan
				  (IFSP) meeting.
"Child" means children under 36 months of age, or a child
				  eligible for Extended Services.
"Child find" means an activity that identifies potentially
				  eligible infants and toddlers.
"Complaining Party" means, for purposes of Section
				  500.140, the persons or entities
				  filing a request for a Due Process Hearing.
"Council" or "IICEI" means the Illinois Interagency Council
				  on Early Intervention established under Section 4 of the Early Intervention
				  Services System Act.
"Credential" means an official documentation from the
				  Department's credentialing office that an individual has met pertinent
				  licensing, degree, and certification requirements as set forth in Appendix C,
				  as well as the applicable education, experience, continuing professional
				  education, and ongoing professional development requirements as set forth in
				  Section 500.60.
"Day", for purposes of this Part, means calendar day.
"Department" or "DHS" means the Illinois Department of Human
				  Services.
"Destruction" means physical destruction or removal of
				  personal identifiers from information so that the information is no longer
				  personally identifiable.
"EI" means early intervention.
"Early intervention services" or "EI services" means services
				  that:
are designed to meet the developmental needs of an infant or
				  toddler with a disability and the needs of the family to assist appropriately
				  in the infant's or toddler's development, based on scientifically-based
				  research to the extent practicable and as identified by the IFSP team, in the
				  areas of development listed in this definition;
are related to enhancing the child's development;
are selected in collaboration with the child's family;
are provided under public supervision;
are provided at no cost except where a schedule of sliding
				  scale fees or other system of payments by families has been adopted in
				  accordance with State and federal law;
are designed to meet an infant's or toddler's developmental
				  needs in any of the following areas:
cognitive development;
physical development, including vision and hearing;
communication development;
social or emotional development; or
adaptive development;
meet the standards of this Part, including the requirements
				  of the Act;
include one or more of the services set forth in Section
				  500.55;
are provided by qualified personnel, as set forth in Section
				  500.60;
are provided in conformity with an IFSP;
are provided throughout the year; and
are provided to the maximum extent appropriate in natural
				  environments, including settings that are natural or typical for a same-age
				  infant or toddler without a disability and may include home or community
				  settings.
"Early Intervention Services System" or "System" means the
				  system of service delivery described in this Part that implements Part C of
				  IDEA in Illinois and the Illinois Early Intervention Services System
				  Act.
"Eligible children" or "eligible child" means infants and
				  toddlers under 36 months of age or children engaged with Extended Services with
				  any of the following conditions:
Developmental delay;
A physical or mental condition that has a high probability of
				  resulting in a developmental delay; or
At risk of having substantial developmental delays, according
				  to informed clinical opinion.
"Developmental delay" means a Department determined eligible
				  level of delay (30% and above) in one or more of the following areas of
				  childhood development: cognitive; physical; communication; social or emotional;
				  or adaptive, as measured by Department approved diagnostic instruments and
				  standard procedures or as confirmed through informed clinical opinion of
				  qualified staff based upon multidisciplinary evaluation and assessment if the
				  child is unable to be appropriately and accurately tested by the standardized
				  measures available.
"Physical or mental condition that has a high probability of
				  resulting in a developmental delay" means a medical diagnosis (see Appendix E)
				  approved by the Department as an eligible condition or confirmed by a qualified
				  family physician, pediatrician or pediatric sub-specialist as being a condition
				  with a relatively well known expectancy for developmental outcomes within
				  varying ranges of developmental disabilities. Pediatric subspecialists included
				  are those such as pediatric neurologists, geneticists, pediatric orthopedic
				  surgeons and pediatricians with special interest in disabilities.
"At risk of substantial developmental delay, according to
				  informed clinical opinion," means that there is consensus of qualified staff
				  based upon multidisciplinary evaluation and assessment that development of a
				  Department determined eligible level of delay is probable if early intervention
				  services are not provided, because a child is experiencing either:
a parent who has been medically diagnosed as having a mental
				  illness or serious emotional disorder defined in the Diagnostic and Statistical
				  Manual V (DSM V) (American Psychiatric Association, 1000 Wilson Boulevard,
				  Suite 1825, Arlington, VA 22209-3901) that has resulted in a significant
				  impairment in the client's level of functioning in at least one major life
				  functional area or a developmental disability; or
three or more of the following risk factors:
current alcohol or substance abuse by the primary
				  caregiver;
primary caregiver who is currently less than 15 years of
				  age;
current homelessness of the child;
chronic illness of the primary caregiver;
alcohol or substance abuse by the mother during pregnancy
				  with the child;
primary caregiver with a level of education equal to or less
				  than the 10th grade, unless that level is
				  appropriate to the primary caregiver's age;
an indicated case of abuse or neglect regarding the child and
				  the child has not been removed from the abuse or neglect circumstances.
Services for children determined to be "at risk" shall not be
				  funded under Federal Part C funding, nor subject to its requirements.
"Enroll" means to enter into a Service Provider Agreement
				  that establishes duties, expectations and relationships between the Department
				  and the individual or agency provider that provides early intervention services
				  to eligible children and their families. A provider must be enrolled to bill
				  and receive payment for services from the Early Intervention Program.
"Evaluation" means the procedures used by qualified personnel
				  to determine a child's initial and continuing eligibility under this Part
				  consistent with the definition of "eligible children" or "eligible child".
				  Initial evaluation refers to the child's evaluation to determine his or her
				  initial eligibility under this Part.
"Extended Services" or "ES" means that the family who is
				  receiving EI services whose child meets all three criteria below, will be able
				  to choose to continue EI/ES beyond the child's third birthday until the start
				  of the school year following the child's third birthday as outlined in
				  34 CFR
				  303.211(a)(2)(i) and
				  325 ILCS 20/11(h). If, in the same
				  calendar year, a child's third birthday occurs after the start of that school
				  year, the child will not be eligible for EI/ES. Those services must continue to
				  be provided in the modality of the family's choice.
This option for extended services through Part C to children
				  over age three applies only if the child:
has been determined eligible for early intervention with
				  services identified and consented to on the IFSP; and
has their third birthday between May 1 and August 31;
				  and
has been found eligible for early childhood special education
				  services under IDEA and
				  325 ILCS
				  20/11(h) and at the discretion of the
				  LEA an Individualized Education Program (IEP) is developed at that time or by
				  the time the school year begins at the latest.
"FERPA" means Family Educational Rights and Privacy Act
				  (20 U.S.C.
				  1232(g)) and the regulations
				  promulgated under that Act (34 CFR 99).
"HFS" means the Illinois Department of Healthcare and Family
				  Services.
"HIPAA" means the Health Insurance Portability and
				  Accountability Act (42
				  U.S.C. 1320(d)) and the
				  regulations promulgated thereunder at
				  45 CFR
				  160,
				  162 and
				  164 (Transaction, Privacy and
				  Security).
"IDEA" means the Individuals with Disabilities Education Act
				  (20 U.S.C.
				  1400, as amended in 2004).
"Individualized Family Service Plan" or "Plan" or "IFSP"
				  means a written plan for providing early intervention services to an eligible
				  child and the child's family, as set forth in Subpart C.
"Individualized Family Service Plan Team", sometimes referred
				  to as the "multidisciplinary team" or "IFSP Team", means a group of people
				  concerned with the developmental needs of the child, including the child's
				  parent/guardian or parents; other family members, as requested by the parent,
				  if feasible to do so; an advocate or person outside of the family, if the
				  parent requests that person to participate; the Service Coordinator; a person
				  or persons directly involved in conducting the child's evaluations and
				  assessments; and, as appropriate, persons who will be providing EI services to
				  the child or family. The multidisciplinary team/IFSP team determines
				  appropriate EI services by consensus as set forth in this Part.
"Infant" or "Toddler" means any child under 36 months of age
				  or a child eligible for Extended Services.
"Informed clinical opinion" means the way in which qualified
				  personnel utilize their cumulative knowledge and experience in evaluating and
				  assessing a child and in interpreting the results of evaluation and assessment
				  instruments.
"Lead agency" means the State agency, as designated by the
				  Governor and the Act, responsible for administering the Act and this Part in
				  accordance with federal laws and rules. The Illinois Department of Human
				  Services (DHS) has been so designated.
"Local Education Agency" or "LEA" means a public board of
				  education or other public authority legally constituted within Illinois for
				  either administrative control or direction of, or to perform a service function
				  for, public elementary schools or secondary schools in a city, county,
				  township, school district or other political subdivision of this State, or for
				  a combination of school districts or counties as are recognized in this State
				  as an administrative agency for its public elementary or secondary
				  schools.
"Local interagency agreement" means an agreement entered into
				  by local community and State and regional agencies receiving early intervention
				  funds directly from the State and made in accordance with State interagency
				  agreements providing for the delivery of early intervention services within a
				  local community area.
"Local interagency council" or "LIC" means a local advisory
				  body established for each designated geographic intake region as set forth in
				  Section 6 of the Early Intervention Services System Act.
"Local service area" means a local interagency council
				  region.
"Multidisciplinary team", sometimes referred to as the "IFSP
				  team", means a group of people concerned with the developmental needs of the
				  child, including the child's parent/guardian or parents; other family members,
				  as requested by the parent, if feasible to do so; an advocate or person outside
				  of the family, if the parent requests that person to participate; the Service
				  Coordinator; a person or persons directly involved in conducting the child's
				  evaluations and assessments; and, as appropriate, persons who will be providing
				  EI services to the child or family. The multidisciplinary team/IFSP team
				  determines appropriate EI services by consensus as set forth in this
				  Part.
"Native language", when used with respect to an individual
				  who is limited English proficient, means the language normally used by that
				  individual, or in the case of a child, the language normally used by the
				  parents of the child. For evaluations and assessments of a child, native
				  language means the language normally used by the child, if determined
				  developmentally appropriate for the child by qualified personnel conducting the
				  evaluation or assessment. Unless clearly not feasible to do so, family
				  assessments must be conducted in the native language of the family members
				  being assessed. Native language, when used with respect to an individual who is
				  deaf or hard of hearing, blind or visually impaired, or for an individual with
				  no written language, means the mode of communication that is normally used by
				  the individual (such as sign language, Braille, or oral communication).
"Natural environment" means settings that are natural or
				  typical for a same-aged infant or toddler without a disability and may include
				  home or community settings.
"Parent liaison" means an individual who holds an EI Parent
				  Liaison credential and draws from his/her knowledge and personal experience to
				  bring support to families as they learn about the EI Program.
"Parents" means, except as provided in
				  34 CFR
				  303.27(b)(1) and (2), a
				  biological or adoptive parent of a child; a foster parent; a guardian generally
				  authorized to act as the parent, or authorized to make early intervention,
				  educational, health or developmental decisions for the child (but not the State
				  if the child is a ward of the State); an individual acting in the place of a
				  biological or adoptive parent (including a grandparent, stepparent or other
				  relative) with whom the child lives, or an individual who is legally
				  responsible for the child's welfare; and a surrogate parent who has been
				  appointed in accordance with Section
				  500.160.
"Part B" means Part B of the Individuals with Disabilities
				  Education Act (IDEA) governing "Assistance for Education of All Children with
				  Disabilities".
"Part C" means Part C of IDEA governing "Infants and Toddlers
				  with Disabilities".
"Participating agency" means any individual, agency, entity
				  or institution that collects, maintains or uses Personally Identifiable
				  Information (PII) to implement the requirements of this Part.
"Parties" means the persons or entities filing an allegation
				  and the persons or entities against whom the allegations are made. For purposes
				  of Section 500.140, Parties include both the Complaining Party and the
				  Responding Party.
"Personally Identifiable Information" or "PII" means the
				  information governed by FERPA regulations at
				  34 CFR
				  99.3.
"Plan" means a written plan for providing EI services to an
				  eligible child and the child's family, as set forth in Subpart C.
"Protected health information" means the health information
				  governed by the HIPAA Privacy and Security regulations at
				  45 CFR
				  164.501.
"Qualified personnel" means personnel who have met State
				  approved or recognized certification, licensing, registration or other
				  comparable requirements that apply to the areas in which the individuals are
				  conducing evaluations or assessments or providing EI services.
"Records" means all records regarding a child that are
				  required to be collected, maintained or used under Part C of the Individuals
				  with Disabilities Education Act (20 U.S.C. 1400) and
				  34 CFR
				  303.
"Regional intake entity" means the Department's designated
				  entity responsible for implementation of the Early Intervention Services System
				  within its designated geographic area as set forth in Section
				  500.45.
"Responding Party" means, for purposes of Section 500.140,
				  the persons or entities against whom a Part C allegation is made.
"Service Coordinator" means an individual who holds an EI
				  Service Coordination credential and assists and enables eligible infants and
				  toddlers and their families to receive the services and rights, including
				  procedural safeguards, provided through the EI Program.
"Service Provider Agreement" means the binding written
				  agreement that establishes the duties, expectations and relationship between
				  the Department and the provider of service pursuant to the Illinois Early
				  Intervention Services System Act [325 ILCS 20 ], Part C of the
				  Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1431), the
				  Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Family
				  Educational Rights and Privacy Act Regulations (FERPA) (20 U.S.C.
				  1232(g)), and this
				  Part.
"Transition" is the process of transferring eligible children
				  receiving early intervention services under this Part out of such services to
				  Part B services or to other appropriate developmental or educational
				  services.