Assigned to HHS AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR H.B. 2137
infants; toddlers; developmental delays
(NOW: developmental delays; infants; toddlers)
Purpose
Requires the Department of Economic Security (DES) to provide families that participate
in the Arizona Early Intervention Program (AzEIP) with information on the identified priorities,
needs and outcomes for the infant or toddler and related services available, as well as to inform
the family if a service or program is not covered under the Individuals with Disabilities Education
Act, Part C.
Background
The Individuals with Disabilities Education Act (IDEA) governs how states and public
agencies provide early intervention, special education and related services to eligible infants,
toddlers, children and youth with disabilities. Part C of the IDEA was enacted by Congress to:
1) enhance the development of infants and toddlers with disabilities, to minimize their potential
for developmental delay, and to recognize the significant brain development that occurs during a
child’s first three years of life; 2) reduce the educational costs to society by minimizing the need
for special education and related services after infants and toddlers with disabilities reach school
age; 3) maximize the potential for individuals with disabilities to live independently in society;
4) enhance the capacity of families to meet the special needs of their infants and toddlers with
disabilities; and 5) enhance the capacity of state and local agencies and service providers to
identify, evaluate, and meet the needs of all children, particularly minority, low-income, inner city,
and rural children, and infants and toddlers in foster care (20 U.S.C. § 1431; U.S. Department of
Education).
DES serves as the lead agency in Arizona for the coordination of early intervention
programs and services for infants and toddlers with developmental delays. DES, the Department
of Education, the Department of Health Services, the Arizona Health Care Cost Containment
System Administration and the Arizona Schools for the Deaf and Blind must enter into one or
more intergovernmental agreements to develop and implement a comprehensive, coordinated
system of early intervention programs and services for infants or toddlers with, or at risk, of
developmental delay as well as their families (A.R.S. § 41-2022).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions FACT SHEET – Amended
H.B. 2137
Page 2
1. Requires DES to provide families with information on the identified priorities, needs and
outcomes for the infant or toddler at an initial individualized family service plan meeting for
early intervention programs and services, and at every subsequent review meeting.
2. Specifies that the required information must include information for additional community
resources that do not qualify for coverage under Part C of the IDEA.
3. Directs DES to:
a) develop a community resource guide that is available to families electronically and to show
families how to access the electronic guide or provide print copies if the family cannot
access the guide electronically;
b) develop a process for including community resources that are offered in Arizona for the
targeted early intervention population;
c) update the electronic guide with new resources, as necessary; and
d) develop a process to allow a family that has been referred to early intervention programs
and services to request a different service coordinator.
4. Requires the resource guide to include information on:
a) intervention service options that may not be covered under Part C of the IDEA;
b) therapy services, including occupational therapy, physical therapy, applied behavioral
analysis and speech-language pathology; and
c) technology services and language acquisition resources.
5. Requires the information on technology services and language acquisition resources to include:
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; and
i) speech reading.
6. Specifies that a family must be informed if a resource in the community resource guide is not
covered under Part C of the IDEA.
7. Allows a family with an infant or toddler identified with hearing impairment to choose to
engage an audiologist to provide professional and clinical information during the initial or
subsequent family service plan meeting.
8. Requires agencies that participate in the AzEIP system to have an updated copy of the
electronic community resource guide available for families.
9. Requires AzEIP intergovernmental agreements that are developed and implemented by DES
to include a process to allow parents to choose a natural environment, to the maximum extent
appropriate, for infants and toddlers with disabilities to participate in services. FACT SHEET – Amended
H.B. 2137
Page 3
10. Specifies that a natural environment includes the home and community based settings in which
children without disabilities participate.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee
• Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
1. Specifies that a parent's ability to choose a natural environment for services is only to the
maximum extent appropriate.
2. Specifies that a natural environment for services includes the home and community-based
settings in which children without disabilities participate.
Senate Action
HHS 3/12/24 DPA/SE 5-0-2
Prepared by Senate Research
April 2, 2024
MM/KS/slp