STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Middlesex, Morris, Somerset and Union)
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
Permits children age three through five to receive early intervention services under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning early intervention services and amending P.L.1993, c.309.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1993, c.309 (C.26:1A-36.7) shall be amended as follows:
2. a. The Department of Health, in conjunction with the Departments of Education and Human Services, shall establish a Statewide system of early intervention services for eligible infants and toddlers from birth to age two, inclusive, with physical, cognitive, communication, social, or emotional, and adaptive developmental delays or disabilities in accordance with Part [H] C of the "Individuals with Disabilities Education Act," Pub.L.91-230 (20 U.S.C. s.1471 et seq.).
b. The department shall allow eligible toddlers who are receiving early intervention services upon the child's third birthday to continue receiving services until the child is six years of age, or is eligible under State law to enter kindergarten, whichever event occurs first. All early intervention services provided under this subsection shall be in compliance with federal rules set forth at section 303.211 of Part C of the "Individuals with Disabilities Education Act," Pub.L.91-230 (20 U.S.C. s.1471 et seq.).
(cf: P.L.2012, c.17, s.96)
2. The Commissioner of Health shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of this act.
3. This act shall take effect on the 180th day following enactment, but the Commissioner of Health may take such anticipatory administrative action in advance as shall be necessary for implementation of the act.
STATEMENT
This bill permits children age three through five to receive early intervention services under certain circumstances. Currently, the New Jersey Early Intervention System (NJEIS), under the Department of Health, implements New Jersey's statewide system of services for infants and toddlers, birth to age three, with developmental delays or disabilities, and their families. The NJEIS is mandated by federal law under Part C of the "Individuals with Disabilities Education Act (IDEA)." At age three, supports and services change as eligible children move from Part C to Part B of IDEA, and transition from early intervention services to preschool special education services.
Under this bill, the department is required to allow eligible toddlers who are receiving early intervention services upon the child's third birthday to continue receiving services until the child is six years of age, or is eligible under State law to enter kindergarten, whichever event occurs first. In doing so, this bill will minimize the disruption in the delivery of services provided to children by utilizing a federal option available to the State to serve existing beneficiaries of early intervention services through age five, until educational services are required to be provided via the child's local school district The bill requires that these services be provided in compliance with federal law which, for example, requires states to obtain informed consent from the parent of a child for the continuation of early intervention services for that child and to allow parents to opt out of services at any point to, instead, pursue supports for their child via preschool special education services.
This bill also makes a technical correction to the existing statutory reference to the federal legislation authorizing the NJEIS. As first authorized in 1986, the early intervention program was known as Part H of IDEA. It became Part C with the reauthorization of IDEA in 1997 and continues as Part C to the present day.