SENATE BILL REPORT

SB 5373

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: The state's Infant Toddler Early Intervention Program (ITEIP) is part of the Division of Developmental Disabilities and provides services to children with developmental disabilities potentially years before they enter school. Studies indicate, and the state's ITEIP program has demonstrated, that children who have services during the earliest years of neurodevelopment can show the greatest gains in function. Recent data from September 2008 reported that 27 percent of the children leaving the ITEIP program did not need special education services by their third birthday.

Federal law requires that school districts provide necessary services for eligible children with disabilities from ages three through 21. Recent state law requires school districts to provide or contract for early intervention services for all eligible children from birth to age three. Ninety-six percent of school districts are contracting for ITEIP services, as of January 2009.

In order to receive federal funding, the state submitted a plan for providing early intervention services to all infants and toddlers in the state with disabilities and to their families. The state plan calls for services to be coordinated through funding from school districts, the Division of Developmental Disabilities (DDD), Medicaid, Department of Health, and private insurance. Counties receive block grants through DDD to pay for services for individuals of all ages who have developmental disabilities. It is estimated that one-third of counties do not use state block grant money for infants and toddlers, and there is concern that this inequity has created vastly different access to services for the most delayed infants and toddlers in the state.

Summary of Bill: A state entitlement is created to services under the ITEIP for all eligible infants with developmental delays or disabilities and their families. Monies provided to the counties to contract for ITEIP services can no longer be given as a block grant for service for all ages. Monies for ITEIP services must be designated as such and used by the counties to contract for ITEIP services only. The contract amounts for ITEIP services will be determined by the amount necessary to provide the required services as determined by the child's individualized family service plan. The ITEIP will be added to the list of programs for which the Forecast Council provides an official forecast of the number of persons who will be eligible for ITEIP services each year.