PRIOR PRINTER'S NOS. 1875, 2103 PRINTER'S NO. 2898
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, CEPEDA-FREYTIZ, GREEN, KINKEAD AND WEBSTER,
AUGUST 7, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 9, 2024
AN ACT
1 Amending the act of December 19, 1990 (P.L.1372, No.212),
2 entitled "An act providing for early intervention services
3 for infants, toddlers and preschool children who qualify;
4 establishing the Interagency Coordinating Council and
5 providing for its powers and duties; and conferring powers
6 and duties upon the Department of Education and the State
7 Board of Education, the Department of Health and the
8 Department of Public Welfare," further providing for title of
9 the act; in general provisions, further providing for
10 legislative findings for early intervention, for definitions,
11 for State interagency agreement, for other duties of State
12 agencies and for council; in Statewide system for provision
13 of early intervention services, further providing for
14 requirements, for program regulations and standards, for
15 administration by Department of Public Welfare, for
16 administration by Department of Education and for child
17 identification, assessment and tracking system; in
18 miscellaneous provisions, further providing for effective
19 date; and making editorial changes.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The title and sections 102, 103, 104, 105, 106,
23 301, 302(a), 303, 304(c), 305 and 503 of the act of December 19,
24 1990 (P.L.1372, No.212), known as the Early Intervention
 1 Services System Act, are amended to read:
2 AN ACT
3 Providing for early intervention services for infants, toddlers
4 and preschool children who qualify; establishing the
5 Interagency Coordinating Council and providing for its powers
6 and duties; and conferring powers and duties upon the
7 Department of Education and the State Board of Education, the
8 Department of Health and the Department of [Public Welfare]
9 Human Services.
10 Section 102. Legislative findings for early intervention.
11 (a) Needs.--The General Assembly finds that there is a need
12 to:
13 (1) Increase the opportunity for the development of
14 [infants, toddlers] ELIGIBLE INFANTS AND TODDLERS and <--
15 eligible young children who [are [handicapped] disabled HAVE <--
16 A DISABILITY OR DEVELOPMENTAL DELAY in order to minimize
17 their potential for developmental delay.
18 (2) Minimize the need for special education services as
19 these [infants, toddlers] ELIGIBLE INFANTS AND TODDLERS and <--
20 eligible young children who [are [handicapped] disabled HAVE <--
21 A DISABILITY OR DEVELOPMENTAL DELAY attain the age of
22 beginners.
23 (3) Reduce the number of [handicapped] disabled <--
24 individuals WHO HAVE A DISABILITY OR DEVELOPMENTAL DELAY <--
25 being placed in institutions and enhance their potential for
26 independent living in society.
27 (4) Assist the families of [handicapped] eligible
28 infants and toddlers to meet their children's special needs.
29 (5) Implement the provisions of Parts B and [H] C in
30 order to be eligible to receive Federal funding to help
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 1 establish and maintain programs and services to assist
2 [handicapped] eligible infants, toddlers [HANDICAPPED <--
3 INFANTS, TODDLERS] ELIGIBLE INFANTS AND TODDLERS and their
4 families and eligible young children.
5 (b) Remedy.--The General Assembly further finds that early
6 intervention services for [handicapped] eligible [infants, <--
7 toddlers] INFANTS AND TODDLERS and their families and eligible <--
8 young children are cost effective and effectively serve the
9 developmental needs of children who [are [handicapped] disabled <--
10 HAVE A DISABILITY OR DEVELOPMENTAL DELAY. <--
11 Section 103. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Age of beginners." The minimum age established by the
16 school district board of directors for admission to the
17 district's first grade under 22 Pa. Code § 11.15 (relating to
18 admission of beginners).
19 "Council." The Interagency Coordinating Council established
20 in section 106.
21 "Early intervention services." Developmental services which
22 meet all of the following:
23 (1) Are provided under public supervision.
24 (2) Are designed to meet the developmental needs of [a
25 handicapped infant, toddler or eligible young child] eligible
26 infants and toddlers and eligible young children in any of
27 the following areas:
28 (i) Physical development.
29 (ii) Cognitive development.
30 (iii) Sensory development.
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 1 (iv) Language and speech development or alternative
2 communication development.
3 (v) Psycho-social development.
4 (vi) Self-help skills.
5 (3) Are developed to meet the requirements of this act,
6 including, but not limited to, the following:
7 (i) Family training.
8 (ii) Social work services, including counseling and
9 home visits.
10 (iii) Special instruction.
11 (iv) Speech pathology and audiology.
12 (v) Occupational therapy.
13 (vi) Physical therapy.
14 (vii) Psychological services.
15 (viii) Medical services only for diagnostic or
16 evaluation purposes.
17 (ix) Early identification, screening and assessment
18 services.
19 (x) Health services necessary to enable the ELIGIBLE <--
20 infant or toddler to benefit from the other early
21 intervention services.
22 (xi) Assistive technology devices and services.
23 (xii) For [handicapped] eligible infants and
24 toddlers, other services required by Part [H] C.
25 (4) Are provided by qualified personnel, including, but
26 not limited to, special educators, speech and language
27 pathologists and audiologists, occupational therapists,
28 physical therapists, psychologists, social workers, nurses
29 and nutritionists.
30 (5) Are provided in conformity with an individualized
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 1 family service plan for eligible [infants, toddlers] INFANTS <--
2 AND TODDLERS and their families.
3 (6) Are provided to eligible young children in
4 compliance with the provisions of this act and Part B.
5 Compliance includes procedural safeguards and free
6 appropriate public education, including related services and
7 individualized education programs.
8 (7) Are provided in the least restrictive environment
9 appropriate to the child's needs. [Infants, toddlers] <--
10 ELIGIBLE INFANTS AND TODDLERS and [eligible] young children <--
11 who will be served in a non-home-based setting must, to the
12 maximum extent consistent with the child's abilities, receive
13 early intervention services in a setting with
14 [nonhandicapped] nondisabled children WHO ARE NOT DISABLED. <--
15 Each ELIGIBLE infant's or toddler's IFSP and each [eligible] <--
16 young child's IEP must contain the recommended service option
17 placement and the rationale for why it represents the least
18 restrictive environment.
19 ["Education of the Handicapped Act." The Education of the
20 Handicapped Act (Public Law 91-230, 20 U.S.C. § 1401 et seq.).]
21 "Eligible infants and toddlers." Individuals ranging in age
22 from birth to two years of age, inclusive, who need early
23 intervention services for any of the following reasons:
24 (1) They are experiencing developmental delays, as
25 defined by regulations of the Department of Human Services
26 and as measured by appropriate diagnostic instruments and
27 procedures in any of the following areas: cognitive
28 development, sensory development, physical development,
29 language and speech development, psycho-social development or
30 self-help skills.
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 1 (2) They have a diagnosed physical or mental condition
2 which has a high probability of resulting in developmental
3 delay under paragraph (1). This paragraph applies to
4 conditions with known etiologies and developmental
5 consequences. These conditions include Down syndrome, other
6 chromosomal abnormalities, sensory impairments, including
7 vision and hearing, inborn errors of metabolism,
8 microcephaly, severe attachment disorders, including failure
9 to thrive, seizure disorders and fetal alcohol syndrome.
10 "Eligible young child." A child who is younger than the age
11 of beginners and at least three years of age and who meets any
12 of the following criteria:
13 (1) The child has any of the following physical or
14 mental disabilities: autism/pervasive developmental disorder,
15 serious emotional disturbance, neurological impairment,
16 deafness/hearing impairment, specific learning disability,
17 [mental retardation, multihandicap,] intellectual disability,
18 other health impairment, physical disability, speech
19 impairment or blindness/visual impairment.
20 (2) The child is considered to have a developmental
21 delay, as defined by regulations of the State Board of
22 Education and the standards of the Department of Education.
23 ["Handicapped infants and toddlers." Individuals ranging in
24 age from birth to two years of age, inclusive, who need early
25 intervention services for any of the following reasons:
26 (1) They are experiencing developmental delays, as
27 defined by regulations of the Department of Public Welfare
28 and as measured by appropriate diagnostic instruments and
29 procedures in any of the following areas: cognitive
30 development, sensory development, physical development,
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 1 language and speech development, psycho-social development or
2 self-help skills.
3 (2) They have a diagnosed physical or mental condition
4 which has a high probability of resulting in developmental
5 delay under paragraph (1). This paragraph applies to
6 conditions with known etiologies and developmental
7 consequences. Examples of these conditions include Down
8 syndrome; other chromosomal abnormalities; sensory
9 impairments, including vision and hearing; inborn errors of
10 metabolism; microcephaly; severe attachment disorders,
11 including failure to thrive; seizure disorders; and fetal
12 alcohol syndrome.]
13 "Homeless." An individual who lacks a fixed, regular and
14 adequate nighttime residence. The term includes:
15 (1) Children and youth in any of the following:
16 (i) Who are sharing the housing of another person
17 due to loss of housing, economic hardship or a similar
18 reason.
19 (ii) Who are living in a motel, hotel, trailer park
20 or camping grounds due to the lack of alternative
21 adequate accommodations.
22 (iii) Who are living in an emergency or transitional
23 shelter.
24 (iv) Who are abandoned in a hospital.
25 (v) Who are awaiting foster care placement.
26 (vi) Who have a primary nighttime residence that is
27 a public or a private place not designed for or
28 ordinarily used as a regular sleeping accommodation for
29 human beings.
30 (vii) Who are living in a car, park, public space,
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 1 abandoned building, substandard housing, bus or train
2 station or similar setting.
3 (2) Migratory children who qualify as homeless for the
4 purposes of this chapter because the child is living in one
5 of the circumstances in paragraph (1).
6 "IEP." Individualized Education Program.
7 "IFSP." Individualized Family Service Plan.
8 "Individuals with Disabilities Education Act." The
9 Individuals with Disabilities Education Act (Public Law 91-230,
10 20 U.S.C. § 1400 et seq.).
11 "Lead agency." For early intervention services to eligible
12 [children from birth to two years of age, inclusive] INFANTS AND <--
13 TODDLERS, the Department of [Public Welfare] Human Services; for
14 early intervention services to eligible young children, the
15 Department of Education.
16 "Local interagency agreement." An agreement entered into by
17 local agencies receiving early intervention funds directly from
18 the Commonwealth and made under the State interagency agreement
19 providing for the delivery of early intervention services within
20 a specified geographic area.
21 "Mutually agreed-upon written arrangements." An agreement
22 between the Department of Education and intermediate units,
23 school districts or other public or private agencies that comply
24 with the early intervention regulations of the State Board of
25 Education and early intervention standards of the Department of
26 Education. These agreements may include memoranda of
27 understanding pursuant to approved plans submitted to the
28 Department of Education by intermediate units and school
29 districts.
30 "Part B." [Part B] Subchapter II of the [Education for the
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 1 Handicapped] Individuals with Disabilities Education Act (20
2 U.S.C. § 1411 et seq.), as it applies to preschool children.
3 ["Part H." Part H of the Education for the Handicapped Act
4 (20 U.S.C. § 1471 et seq.).]
5 "Part C." Subchapter III of the Individuals with
6 Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1431
7 et seq.)
8 "Postpartum depression." Moderate to severe depression in a
9 woman after she PARENT AFTER THE PARENT has given birth, which <--
10 depression occurs after delivery or up to a year later.
11 "State interagency agreement." An agreement entered into by
12 the Department of Education, the Department of Health, the
13 Department of [Public Welfare] Human Services and any other
14 Commonwealth agency for the purposes of this act and of Part B
15 and Part [H] C.
16 Section 104. State interagency agreement.
17 (a) Interagency agreement.--The Department of Education, the
18 Department of Health and the Department of [Public Welfare]
19 Human Services shall enter into and maintain a State interagency
20 agreement to enable the State and local agencies serving
21 eligible infants[,] and toddlers and eligible young children
22 [who are handicapped] to establish working relationships that
23 will increase the efficiency and effectiveness of their early
24 intervention services. The agreement shall outline the
25 responsibilities of those State and local agencies and shall
26 implement a coordinated service delivery system through local
27 interagency agreements.
28 (b) Components.--The State interagency agreement shall
29 address, at a minimum, the following issues:
30 (1) Responsibilities of State and local agencies.
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 1 (2) Eligibility determination and referrals.
2 (3) Establishment of local agreements.
3 (4) Fiscal responsibilities of the agencies.
4 (5) Dispute resolution between agencies.
5 (6) Payor of last resort.
6 (7) Maintenance of effort.
7 (8) Administrative management structure.
8 (9) Establishment and maintenance of local interagency
9 coordinating councils, which shall include, but not be
10 limited to, parents and private providers and which shall be
11 authorized to advise and comment on the development of local
12 interagency agreements for their specified geographic area
13 and to communicate directly with the Department of Education,
14 the Department of Health, the Department of [Public Welfare]
15 Human Services and the council regarding the local
16 interagency agreement and any other matters pertaining to
17 this act.
18 (10) Plans by the Department of Health, the Department
19 of [Publi