Senate Engrossed House Bill

 

infants; toddlers; developmental delays

(now:  developmental delays; infants; toddlers)

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

CHAPTER 132

 

HOUSE BILL 2137

 

 

 

An Act

 

amending section 41-2022, Arizona Revised Statutes; relating to early intervention programs.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 41-2022, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2022. Infants and toddlers with developmental delays; lead agency; interagency agreements; initial individualized service plans; service options

A. The department of economic security shall serve as the lead agency for the coordination of a system of early intervention programs and services to infants and toddlers with developmental delays.

B. The interagency coordinating council for infants and toddlers shall advise and assist the department of economic security in developing and implementing the statewide system and shall assist the department of economic security in achieving the full participation, coordination and cooperation of all appropriate public agencies in this state.

C. The department of economic security, the department of education, the department of health services, the Arizona health care cost containment system administration and the Arizona state school schools for the deaf and the blind shall enter into one or more intergovernmental agreements to develop and implement a comprehensive, coordinated system of early intervention programs and services for infants and toddlers with or at risk of developmental delays and their families in accordance with Public Law 99-457 (20 United States Code section 671). The interagency coordinating council for infants and toddlers may assist in the development of the interagency agreements.

D. THE INTERGOVERNMENTAL AGREEMENTS DEVELOPED AND IMPLEMENTED BY THE DEPARTMENT PURSUANT TO THIS SECTION SHALL REQUIRE THAT AT THE INITIAL INDIVIDUALIZED FAMILY SERVICE PLAN MEETING, AND EVERY SUBSEQUENT REVIEW OF THE INDIVIDUALIZED FAMILY SERVICE PLAN, THE DEPARTMENT MUST PROVIDE FAMILIES INFORMATION ON THE IDENTIFIED PRIORITIES, NEEDS, AND OUTCOMES FOR THE INFANT OR TODDLER INCLUDING ADDITIONAL COMMUNITY RESOURCES THAT DO NOT QUALIFY FOR SERVICES UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (20 UNITED STATES CODE SECTIONs 1431-1444) AND THE REGULATIONS ADOPTED PURSUANT TO THE ACT. THE DEPARTMENT MUST DEVELOP A COMMUNITY RESOURCE GUIDE THAT IS AVAILABLE TO FAMILIES ELECTRONICALLY. AT THE INITIAL INDIVIDUALIZED FAMILY SERVICE PLAN MEETING THE DEPARTMENT MUST SHOW FAMILIES HOW TO ACCESS THE ELECTRONIC GUIDE AND HAVE PRINT COPIES AVAILABLE BY REQUEST TO FAMILIES WHO CANNOT ACCESS THE ELECTRONIC GUIDE.

E. THE DEPARTMENT SHALL DEVELOP A PROCESS FOR INCORPORATING COMMUNITY RESOURCES IN THE COMMUNITY RESOURCE GUIDE, PURSUANT TO SUBSECTION D OF THIS SECTION, THAT ENSURES THAT THE LISTED RESOURCES ARE OFFERED IN ARIZONA AND TO THE TARGETED EARLY INTERVENTION POPULATION. THE DEPARTMENT SHALL KEEP THE ELECTRONIC GUIDE UPDATED, AS NECESSARY, WITH NEW RESOURCES. THE RESOURCE GUIDE SHALL INCLUDE INFORMATION ON INTERVENTION SERVICE OPTIONS THAT MAY NOT BE COVERED BY THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (20 UNITED STATES CODE SECTIONs 1431-1444) AND THE FAMILY SHALL BE INFORMED IF A SERVICE OPTION IS NOT COVERED, IN WHOLE OR IN PART. THE RESOURCE GUIDE SHALL INCLUDE:

1. INFORMATION ON THERAPY SERVICES, INCLUDING OCCUPATIONAL THERAPY, PHYSICAL THERAPY, APPLIED BEHAVIORAL ANALYSIS AND SPEECH-LANGUAGE PATHOLOGY. 

2. INFORMATION ON TECHNOLOGY SERVICES AND LANGUAGE ACQUISITION RESOURCES INCLUDING ALL OF THE FOLLOWING:

(a) HEARING AIDS.

(b) COCHLEAR OR BRAINSTEM IMPLANTS.

(c) BONE-ANCHORED HEARING AIDS.

(d) OTHER ASSISTIVE DEVICES.

(e) AMERICAN SIGN LANGUAGE.

(f) LISTENING AND SPOKEN LANGUAGE.

(g) MANUALLY CODED ENGLISH.

(h) CUED SPEECH.

(i) SPEECH READING.

F. FOR AN INFANT OR TODDLER IDENTIFIED WITH HEARING IMPAIRMENT, A FAMILY MAY CHOOSE TO ENGAGE AN AUDIOLOGIST IN THE INITIAL OR SUBSEQUENT FAMILY SERVICE PLAN MEETING WHERE THE INDIVIDUALIZED FAMILY SERVICE PLAN IS ESTABLISHED OR DISCUSSED TO PROVIDE PROFESSIONAL AND CLINICAL INFORMATION.

G. AGENCIES THAT PROVIDE SERVICES AND PARTICIPATE IN THE SYSTEM OF EARLY INTERVENTION PROGRAMS AND SERVICES SHALL HAVE AN UPDATED ELECTRONIC COPY OF THE EARLY INTERVENTION PROGRAM COMMUNITY RESOURCE GUIDE AVAILABLE TO FAMILIES.

H. THE INTERGOVERNMENTAL AGREEMENTS DEVELOPED AND IMPLEMENTED BY THE DEPARTMENT PURSUANT TO THIS SECTION SHALL HAVE A PROCESS TO ALLOW, to the maximum extent appropriate, PARENTS TO CHOOSE A NATURAL ENVIRONMENT FOR SERVICES IN WHICH INFANTS AND TODDLERS WITH DISABILITIES PARTICIPATE, including the home and community based settings in which children without disabilities participate.

I. THE DEPARTMENT SHALL CREATE A PROCESS BY WHICH A FAMILY THAT HAS BEEN REFERRED TO EARLY INTERVENTION PROGRAMS AND SERVICES CAN REQUEST A DIFFERENT SERVICE COORDINATOR FOR THEIR EARLY INTERVENTION SERVICES. END_STATUTE


 

 

 

APPROVED BY THE GOVERNOR APRIL 10, 2024.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 10, 2024.