Bill Text: CA SB683 | 2011-2012 | Regular Session | Amended
Bill Title: Early intervention services: assessments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB683 Detail]
Download: California-2011-SB683-Amended.html
BILL NUMBER: SB 683 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 12, 2012
AMENDED IN SENATE JANUARY 4, 2012
INTRODUCED BY Senator Correa
FEBRUARY 18, 2011
An act to add Section 7574 to the Government Code, relating to
children's services.
LEGISLATIVE COUNSEL'S DIGEST
SB 683, as amended, Correa. Early intervention services:
assessments.
Existing law, the California Early Intervention Services Act, is
administered jointly by the Secretary of the
California Health and Human Services Agency and
the Superintendent of Public Instruction, with the State Department
of Developmental Services as the lead agency responsible for
administration and coordination of the statewide system of services
for the enhancement of the development of children who have
disabilities or who are at risk of having disabilities and to
minimize the potential for delays in their development. Under
existing law, these provisions are in effect only until the state
terminates its participation in prescribed components of the federal
Individuals with Disabilities Education Act.
This bill would require the secretary and the Superintendent of
Public Instruction to, among other things, create and
require the use of an interagency electronic integrated assessment
instrument for these purposes. The bill would also
establish the Special Children's Electronic Integrated Assessment
Instrument Fund in the State Treasury to be made available, upon
appropriation, for the implementation of this bill. The bill would
require the Director of Finance to file a prescribed notice if
sufficient moneys are available in the fund to implement the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7574 is added to the Government Code, to read:
7574. (a) The Legislature finds and declares all of the
following:
(1) Children receiving special education and related services are
often clients of a regional center and of the California Children's
Services program Program , and
recipients of county health or mental health services, as well as the
beneficiary of private, commercial, or other nongovernment
insurance.
(2) Each organization that provides these services may require
separate assessments annually and may require parents to provide the
same information multiple times on separate required forms.
(3) Multiple assessments can be a burden on families and children
who must find the time and resources to travel to several different
locations each year for multiple assessments.
(b) With the goal of finding ways to consolidate assessments and
the attendant paperwork, the Secretary of the
California Health and Human Services Agency and
the Superintendent of Public Instruction, or their designees, shall
do all of the following:
(1) Require the use of an interagency electronic integrated
assessment instrument (EIAI) by all authorized, qualified personnel
of the state and local agencies that provide services, the treating
therapists, physicians, service providers, governmental employees,
nonpublic agencies, and other qualified private health practitioners
and education professionals, when conducting an assessment.
(2) Ensure that authorization for access to the child's medical
records contained on the EIAI is with the consent of the parents or
other legal guardian, or by the adult consumer, and in conformance
with federal Health Insurance Portability and Accountability Act
laws.
(3) In conjunction with representatives of counties, local
education agencies, providers of regional center services, regional
center case managers, and other relevant organizations, create the
EIAI.
(3)
(4) Implement a process whereby all of the following
occur:
(A) A comprehensive assessment is completed at least annually to
meet the needs of every agency that is required to conduct an
assessment.
(B) The comprehensive assessment is completed by a qualified
health practitioner or education professional of each relevant
discipline.
(C) For elements of the assessment that require unique
professional expertise to evaluate a child's needs and progress, that
portion of the EIAI shall be submitted by a provider with expertise
in providing or overseeing those services.
(C)
(D) The comprehensive assessment findings are input and
stored in the EIAI for access by all authorized persons.
(4)
(5) Coordinate the agencies responsible for providing
services to children with disabilities in utilizing the EIAI and
prorate each share of the costs of the special needs assessment among
the governmental and private agencies responsible for the assessment
in accordance with the agency's percentage of responsibility for the
assessment, and any applicable private insurance carriers of the
child.
(5)
(6) Further the maximum utilization of all state and
federal resources available to provide a child with a disability a
free, appropriate public education and related services by limiting
assessments, at the discretion of the parent, to one annual
interagency assessment per relevant discipline, in lieu of requiring
a duplication of assessments within the same discipline.
(c) (1) There is hereby created the Special Children's Electronic
Integrated Assessment Instrument ("EIAI")Fund
(Special Children's EIAI) Fund in the State Treasury.
(2) The fund shall contain donations that have been collected and
deposited for the purposes of this section, as well as any federal
funds made available for purposes of this section. Notwithstanding
Section 16305.7, the fund shall also contain any interest and
dividends earned on moneys in the fund. No state funds shall be used
to implement subdivision (b) of this section.
(3) Subject to paragraph (4), moneys in the Special Children's
EIAI Fund shall be available, upon appropriation by the Legislature,
for implementation of subdivision (b) of this section.
(4) No moneys shall be expended from the fund until the Director
of Finance determines that sufficient moneys are in the fund to
implement subdivision (b) of this section. If sufficient moneys are
in the fund, the Director of Finance shall file a written notice
thereof with the Secretary of State. Subdivision (b) shall not be
implemented until moneys in the fund are appropriated for purposes of
this section.
