BILL REQ. #:  S-4480.1 

Read first time 01/22/08.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to early intervention services for children with disabilities; amending RCW 43.88C.010; adding a new section to chapter 71A.14 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 71A.14 RCW to read as follows:
     (1) In coordination with other funding sources for early intervention services, the department shall contract with each county through the employment and day program 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. Eligibility shall be determined according to Part C of the federal individuals with disabilities education act and as specified in the Washington infant toddler early intervention program policies and procedures. Counties 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) The department shall contract with each county through the employment and day program to provide funding for early intervention services. The contract amount shall be set at the rate specified in subsection (3) of this section multiplied by the number of active individualized family service plans in the county. For purposes of this subsection, the number of active individualized family service plans is the infant toddler early intervention program day-in-time count of active plans as taken in May of the previous fiscal year. In calculating the contract amounts, the department shall include any amounts provided to a county through the employment and day program in fiscal year 2008 where that funding was designated for early intervention services to eligible children with disabilities from birth to three years of age.
     (3)(a) For fiscal year 2009, the department shall provide funding at the rate of two thousand four hundred dollars.
     (b) For fiscal year 2010 and each fiscal year thereafter, the department shall provide funding for early intervention services at the previous fiscal year's rate multiplied by inflation as defined in RCW 84.55.005, as determined by the department of revenue in September of the previous fiscal year.
     (4)(a) Nothing in this section precludes counties from providing funding at a level higher than the amounts designated in subsection (2) of this section.
     (b) Services provided under this section shall be determined according to Part C of the federal individuals with disabilities education act and the child's individualized family service plan. The state designated birth-to-three agency shall be payor of last resort for birth-to-three early intervention services provided under this section.

Sec. 2   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 council member 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, infant toddler early intervention program, foster care, 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. 3   This act may be known and cited as the infant and toddler equity act.

NEW SECTION.  Sec. 4   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void.