BILL REQ. #:  H-1561.1 

READ FIRST TIME 02/05/09.   

     AN ACT Relating to early intervention services for children with disabilities; amending RCW 43.88C.010; adding new sections to chapter 70.195 RCW; creating new sections; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that early intervention services are cost-effective and effectively serve the developmental needs of infants and toddlers with disabilities and developmental delays and their families. Therefore, the purpose of this act is to provide a comprehensive, coordinated, interagency, interdisciplinary early intervention services system for all eligible infants and toddlers and their families by enhancing the capacity to equitably provide quality early intervention services, and facilitating coordination of payments for early intervention services from various public and private sources.
     (2) The legislature finds that there is an urgent and substantial need to:
     (a) Enhance the development of all eligible infants and toddlers with disabilities in the state of Washington, in order to minimize developmental delay and maximize individual potential for adult independence;
     (b) Enhance the capacity of families to meet the special needs of all eligible infants and toddlers with disabilities;
     (c) Reduce educational costs by minimizing the need for special education and related services when eligible infants and toddlers reach school age;
     (d) Enhance the independence, productivity, and integration with age-appropriate peers of eligible children and their families;
     (e) Reduce social services costs and minimize the need for out-of-home placement; and
     (f) Prevent secondary impairments and disabilities by improving the health of infants and toddlers, thereby reducing health costs for the families and the state.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.195 RCW to read as follows:
     The legislature intends that the policy of this state shall be that:
     (1) To the extent that Washington state has in effect a federally approved plan under Part C of the federal individuals with disabilities education improvement act, all eligible infants and toddlers with disabilities and developmental delays have a right to receive early intervention services to the maximum extent appropriate as determined by the evaluations, assessments, and the individualized family service plans pursuant to Part C of the federal individuals with disabilities education improvement act and the Washington state infant and toddler early intervention program federally approved plan. A child's eligibility must be determined according to the Washington state infant toddler early intervention program policies and procedures and the federally approved state plan;
     (2) The role of the family is of primary importance in all areas of the child's development, and implementation of services to the child and decision-making processes regarding the child must fully involve primary care providers;
     (3) Public funding and support must be provided to all eligible infants and toddlers and their families and must include parent resources and address their individual concerns and priorities;
     (4) On a statewide basis, locally based comprehensive, coordinated, interdisciplinary, interagency early intervention services for all eligible infants and toddlers must be developed, implemented, maintained, and facilitated by the designated infant and toddler early intervention program local lead agencies;
     (5) The local communities' capacity to provide an array of quality early intervention services must be enhanced; and
     (6) All available resources for early intervention within the state including those from federal, state, local, and private sources must be identified and coordinated. The individualized family service plan must incorporate all services and activities, including education, health, and social services resources necessary to coordinate and implement early intervention services.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.195 RCW to read as follows:
     (1) In coordination with other funding sources for early intervention services, the department of social and health services shall, in accordance with RCW 71A.14.030, contract with each county governing authority to provide funding for early intervention services to all eligible children with disabilities from birth to three years of age who have been identified as needing services. County governing authorities shall provide or contract for early intervention services to all eligible children within the county who have been identified as needing services in partnership with infant toddler early intervention program local lead agencies, school districts, and birth-to-three providers.
     (2) To the extent that Washington state has in effect a federally approved plan under Part C of the federal individuals with disabilities education improvement act, the department of social and health services shall, in calculating the contract amounts for county governing authorities, designate funding for early intervention services to all eligible children with disabilities from birth to three years of age to provide all necessary services as determined by the child's individualized family service plan and by Part C of the federal individuals with disabilities education improvement act. The governor-appointed state lead agency shall be payer of last resort for birth-to-three early intervention services provided under this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.195 RCW to read as follows:
     The department of social and health services is the governor-appointed state lead agency for implementing the early intervention section, Part C, of the federal individuals with disabilities education improvement act and the Washington state federally approved plan, which shall be administered by the infant toddler early intervention program. The legislature directs that all public early intervention funding sources shall assure that services are provided in accordance with the requirements of Part C and the Washington state federally approved plan.

Sec. 5   RCW 43.88C.010 and 2000 c 90 s 1 are each amended to read as follows:
     (1) The caseload forecast council is hereby created. The council shall consist of two individuals appointed by the governor and four individuals, one of whom is appointed by the chairperson of each of the two largest political caucuses in the senate and house of representatives. The chair of the council shall be selected from among the four caucus appointees. The council may select such other officers as the members deem necessary.
     (2) The council shall employ a caseload forecast supervisor to supervise the preparation of all caseload forecasts. As used in this chapter, "supervisor" means the caseload forecast supervisor.
     (3) Approval by an affirmative vote of at least five members of the council is required for any decisions regarding employment of the supervisor. Employment of the supervisor shall terminate after each term of three years. At the end of the first year of each three-year term the council shall consider extension of the supervisor's term by one year. The council may fix the compensation of the supervisor. The supervisor shall employ staff sufficient to accomplish the purposes of this section.
     (4) The caseload forecast council shall oversee the preparation of and approve, by an affirmative vote of at least four members, the official state caseload forecasts prepared under RCW 43.88C.020. If the council is unable to approve a forecast before a date required in RCW 43.88C.020, the supervisor shall submit the forecast without approval and the forecast shall have the same effect as if approved by the council.
     (5) A councilmember who does not cast an affirmative vote for approval of the official caseload forecast may request, and the supervisor shall provide, an alternative forecast based on assumptions specified by the member.
     (6) Members of the caseload forecast council shall serve without additional compensation but shall be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the council or on official business authorized by the council. Nonlegislative members of the council shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (7) "Caseload," as used in this chapter, means the number of persons expected to meet entitlement requirements and require the services of public assistance programs, state correctional institutions, state correctional noninstitutional supervision, state institutions for juvenile offenders, the common school system, long-term care, medical assistance, foster care, infant toddler early intervention program, and adoption support.
     (8) Unless the context clearly requires otherwise, the definitions provided in RCW 43.88.020 apply to this chapter.

NEW SECTION.  Sec. 6   This act may be known and cited as the infant toddler equity act.

NEW SECTION.  Sec. 7   This act takes effect July 1, 2011.