ENROLLED
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ACT No. 417
Regular Session, 2013
HOUSE BILL NO. 375
BY REPRESENTATIVE HOFFMANN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 36:4(R), to enact Chapter 4-B of Title 28 of the Louisiana2
Revised Statutes of 1950, to be comprised of R.S. 28:461 through 470, and to repeal3
Part III of Chapter 8 of Title 17 of the Louisiana Revised Statutes of 1950, comprised4
of R.S. 17:1971 through 1979, relative to the early intervention program of this state5
for infants and toddlers with disabilities and their families; to establish the official6
name of such program; to provide for definitions; to provide for duties of the7
Department of Health and Hospitals relative to program administration; to provide8
requirements for a statewide system of services; to provide relative to payment for9
services; to allow for uses of funds for provision of certain services to eligible10
persons; to provide for authority to establish a statewide system of payments; to11
provide for authority to establish a schedule of fees for services provided to certain12
recipients; to create and provide for duties of the Louisiana State Interagency13
Coordinating Council for EarlySteps: Louisiana's Early Intervention Program for14
Infants and Toddlers with Disabilities and their Families; to authorize promulgation15
of rules by the Department of Health and Hospitals; to provide for continuation of16
effectiveness of certain administrative rules; and to provide for related matters.17
Be it enacted by the Legislature of Louisiana:18
Section 1. Chapter 4-B of Title 28 of the Louisiana Revised Statutes of 1950,19
comprised of R.S. 28:461 through 470, is hereby enacted to read as follows:20 ENROLLEDHB NO. 375
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CHAPTER 4-B. EARLYSTEPS: LOUISIANA'S EARLY INTERVENTION1
PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES2
AND THEIR FAMILIES3
§461. Findings; policy4
A. The Louisiana Legislature hereby finds that there is an urgent and5
substantial need in this state for all of the following:6
(1) Enhancements in the development of infants and toddlers with7
disabilities in order to minimize their potential for developmental delay.8
(2) Greater recognition of the significant brain development that occurs9
during a child's first three years of life.10
(3) A reduction to the educational costs to our society, including costs borne11
by Louisiana's schools, through minimizing the need for special education and12
related services after infants and toddlers with disabilities reach school age.13
(4) Maximization of the potential for individuals with disabilities to live14
independently in the community.15
(5) Enhancement of families' capacity to meet the special needs of their16
infants and toddlers with disabilities.17
(6) Enhancement of the capacity of state and local agencies and service18
providers to identify, evaluate, and meet the needs of all children; particularly19
minority, low-income, inner-city, and rural children, and infants and toddlers in20
foster care.21
B. In consideration of the needs described in this Section, it is therefore the22
policy of Louisiana:23
(1) To develop and implement a statewide, comprehensive, coordinated,24
multidisciplinary interagency system that provides early intervention services for25
infants and toddlers with disabilities and their families.26
(2) To establish a state system of payments that provides for the collection,27
facilitation, and coordination of payment for early intervention services from federal,28
state, local, and private sources, including public and private insurance coverage and29
cost sharing with those families who qualify.30 ENROLLEDHB NO. 375
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(3) To enhance Louisiana's capacity to provide quality early intervention1
services and to expand and improve existing early intervention services currently2
being provided to infants and toddlers with disabilities and their families.3
(4) To encourage Louisiana to expand opportunities for children under three4
years of age who would be at risk of having substantial developmental delay if they5
did not receive early intervention services.6
§462. Definitions7
As used in this Chapter, the following terms shall have the meaning ascribed8
to them in this Section, unless the context clearly indicates otherwise:9
(1) "Cost participation" means fees or other charges through which families10
share in the cost for early intervention services provided pursuant to the provisions11
of this Chapter.12
(2) "Council" means the Louisiana State Interagency Coordinating Council13
for EarlySteps established pursuant to R.S. 28:470.14
(3) "Department" means the Department of Health and Hospitals.15
(4) "Early intervention services" means developmental services that:16
(a) Are provided under public supervision.17
(b) Are provided at no cost except where federal or state law provides for a18
system of payments by families, including but not limited to a schedule providing19
a sliding scale of fees as provided in R.S. 28:469.20
(c) Are designed to meet developmental needs of an infant or toddler with21
a disability, as identified by the individualized family service plan team, in any one22
or more of the following areas:23
(i) Physical development.24
(ii) Cognitive development.25
(iii) Communication development.26
(iv) Social or emotional development.27
(v) Adaptive development.28
(d) Meet the standards of the state of Louisiana.29
(e) Include but are not limited to:30 ENROLLEDHB NO. 375
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(i) Family training, counseling, and home visits.1
(ii) Special instruction.2
(iii) Speech-language pathology and audiology services and sign language3
and cued language services.4
(iv) Occupational therapy.5
(v) Physical therapy.6
(vi) Psychological services.7
(vii) Family service coordination services.8
(viii) Medical services only for diagnostic or evaluation purposes.9
(ix) Early identification, screening, and assessment services.10
(x) Health services necessary to enable the infant or toddler to benefit from11
other early intervention services.12
(xi) Social work services.13
(xii) Vision services.14
(xiii) Assistive technology devices and assistive technology services.15
(xiv) Costs associated with transportation that are necessary to enable an16
infant or toddler and the infant's or toddler's family to receive early intervention17
services.18
(f) Are provided by qualified personnel, including:19
(i) Special educators.20
(ii) Speech-language pathologists and audiologists.21
(iii) Occupational therapists.22
(iv) Physical therapists.23
(v) Psychologists.24
(vi) Social workers.25
(vii) Nurses.26
(viii) Registered dieticians.27
(ix) Family therapists.28
(x) Vision specialists, including ophthalmologists and optometrists.29
(xi) Orientation and mobility specialists.30 ENROLLEDHB NO. 375
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(xii) Pediatricians and other physicians.1
(g) To the maximum extent appropriate, are provided in natural2
environments, including the home and community settings in which children without3
disabilities participate.4
(h) Are provided in conformity with an individualized family service plan5
adopted in accordance with the provisions of this Chapter.6
(5) "IDEA" means the federal Individuals with Disabilities Education Act.7
(6)(a) "Infant or toddler with a disability " means an individual under three8
years of age who needs early intervention services because of either of the following:9
(i) The individual is experiencing developmental delays, as measured by10
appropriate diagnostic instruments and procedures in the areas of cognitive11
development, physical development, communication development, social or12
emotional development, or adaptive development.13
(ii) The individual has a diagnosed physical or mental condition which has14
a high probability of resulting in developmental delay.15
(b) This definition may also include, at the department's discretion, at-risk16
infants and toddlers as defined in Subparagraph (c) of this Paragraph.17
(c) "At-risk infant or toddler" means an individual under three years of age18
who would be at risk of experiencing a substantial developmental delay if early19
intervention services were not provided to the individual.20
(7) "Parent" means a person who meets the definition of such term in federal21
regulations relative to early intervention programs for infants and toddlers with22
disabilities and their families (34 CFR 303.27).23
§463. Goals24
A. Louisiana shall adopt a policy which incorporates all of the components25
of a statewide system as provided in this Chapter.26
B. The department shall include in its annual application for federal funds27
assurances that the statewide system provided for in this Chapter meets federal28
requirements for such a system and a description of services to be provided in29
accordance with the provisions of this Chapter.30 ENROLLEDHB NO. 375
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§464. Requirements for statewide system1
A statewide comprehensive, coordinated, multidisciplinary, interagency2
system to provide early intervention services for infants and toddlers with disabilities3
and their families shall include, at a minimum, the following components:4
(1) A definition of the term "developmental delay" that will be used by the5
department in carrying out the provisions of this Chapter in order to appropriately6
identify infants and toddlers with disabilities who are in need of services provided7
for in this Chapter.8
(2) A state policy that is in effect and which ensures that appropriate early9
intervention services based on scientific research, to the extent practicable, are10
available to all infants and toddlers with disabilities and their families, including11
Indian infants and toddlers with disabilities and their families residing on a12
reservation geographically located in Louisiana, infants and toddlers with disabilities13
who are homeless and their families, and infants and toddlers with disabilities who14
are wards of the state.15
(3) A timely, comprehensive, multidisciplinary evaluation of the functioning16
of each infant and toddler with a disability in Louisiana and a family-directed17
identification of the needs of each family of such an infant or toddler to assist18
appropriately in the development of the infant or toddler.19
(4) For each infant and toddler with a disability in Louisiana, an20
individualized family service plan developed in accordance with applicable federal21
regulations, including family service coordination in accordance with such service22
plan.23
(5) A comprehensive child-find system, consistent with the federal24
requirements of IDEA-Part B, including a system for making referrals to service25
providers that includes timelines and provides for participation by primary referral26
sources and that ensures rigorous standards for appropriately identifying infants and27
toddlers with disabilities for services pursuant to this Chapter that will reduce the28
need for future services.29 ENROLLEDHB NO. 375
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(6) A public awareness program focusing on early identification of infants1
and toddlers with disabilities, including the preparation and dissemination by the2
department to all primary referral sources, especially hospitals and physicians, of3
information for parents, especially for parents with premature infants, or infants with4
other physical risk factors associated with learning or developmental complications,5
on the availability of early intervention services, and procedures for assisting such6
sources in disseminating such information to parents of infants and toddlers with7
disabilities.8
(7) A central directory that includes information on early intervention9
services, resources, and experts available in Louisiana and research and10
demonstration projects being conducted in Louisiana.11
(8)(a) A comprehensive system of personnel development, including the12
training of paraprofessionals and the training of primary referral sources with respect13
to the basic components of early intervention services available in Louisiana, that14
shall include:15
(i) Implementing innovative strategies and activities for the recruitment and16
retention of early education service providers.17
(ii) Promoting the preparation of early intervention providers who are fully18
and appropriately qualified to provide early intervention services.19
(iii) Training personnel to coordinate transition services for infants and20
toddlers with disabilities from an early intervention program provided for in this21
Chapter to preschool or other appropriate services.22
(b) The comprehensive system of personnel development may include:23
(i) Training personnel to work in rural and inner-city areas.24
(ii) Training personnel in the emotional and social development of young25
children.26
(9) Policies and procedures relating to the establishment and maintenance27
of qualifications to ensure that personnel necessary to carry out the provisions of this28
Chapter are appropriately and adequately prepared and trained, including the29
establishment and maintenance of qualifications that are consistent with any30 ENROLLEDHB NO. 375
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state-approved or recognized certification, licensing, registration, or other1
comparable requirements that apply to the area in which such personnel are2
providing early intervention services. Nothing in this Chapter shall be construed to3
prohibit the use of paraprofessionals and assistants who are appropriately trained and4
supervised in accordance with Louisiana law, regulations, or written policy to assist5
in the provision of early intervention services to infants and toddlers with disabilities6
pursuant to the provisions of this Chapter.7
(10) A single line of responsibility in the department for carrying out the8
following functions:9
(a) General administration and supervision of programs and activities10
receiving assistance pursuant to this Chapter, and the monitoring of programs and11
activities used by Louisiana to carry out the provisions of this Chapter, whether or12
not such programs or activities are receiving assistance made available by this13
Chapter, to ensure compliance with this Chapter.14
(b) Identification, coordination, and collection of all available resources15
within Louisiana from federal, state, local, and private sources, including those of16
the system of payments established pursuant to the provisions of R.S. 28:469.17
(c) Assignment of financial responsibility to the appropriate agencies.18
(d) Development of procedures to ensure that services are provided to infants19
and toddlers with disabilities and their families in a timely manner pending the20
resolution of any disputes among public agencies or service providers.21
(e) Resolution of intra-agency and interagency disputes.22
(f) Entry into formal interagency agreements which conform with all23
applicable provisions of Louisiana law that provide the following:24
(i) Definitions of the financial responsibility of each agency for paying for25
early intervention services.26
(ii) Procedures for resolving disputes.27
(iii) Any additional component necessary to ensure meaningful cooperation28
and coordination.29 ENROLLEDHB NO. 375
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(11) A policy pertaining to the contracting or making of other arrangements1
with service providers to provide early intervention services in Louisiana, consistent2
with the provisions of this Chapter, including the contents of the application used and3
the conditions of the contract or other arrangements.4
(12) A procedure for securing timely reimbursement of funds.5
(13) Procedural safeguards with respect to programs.6
(14) A system for compiling data in accordance with information and7
reporting requirements of the United States Secretary of Education.8
(15) A state interagency coordinating council that meets the requirements of9
R.S. 28:470.10
(16) Policies and procedures to ensure all of the following:11
(a) To the maximum extent appropriate, early intervention services are12
provided in natural environments.13
(b) The provision of early intervention services for any infant or toddler with14
a disability occurs in a setting other than a natural environment that is most15
appropriate, as determined by the parent and the individualized family service plan16
team, only when early intervention cannot be achieved satisfactorily for the infant17
or toddler in a natural environment.18
§465. Individualized family service plan19
A. Assessment and program development shall provide, at a minimum, for20
each infant and toddler with disabilities and the infant's or toddler's family to receive:21
(1) A multidisciplinary assessment of the unique strengths and needs of the22
infant or toddler and the identification of services appropriate to meet such needs.23
(2) A family-directed assessment of the resources, priorities, and concerns24
of the family and the identification of the supports and services necessary to enhance25
the family's capacity to meet the developmental needs of the infant or toddler.26
(3) A written individualized family service plan developed by a27
multidisciplinary team, including the parents, as required by Subsection D of this28
Section, including a description of the appropriate transition services for the infant29
or toddler.30 ENROLLEDHB NO. 375
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B. The individualized family service plan shall be evaluated annually, and1
the family shall be provided a review of the plan at six-month intervals or more often2
as appropriate based on the infant or toddler and family needs.3
C. The individualized family service plan shall be developed within a4
reasonable time after the assessment required by Paragraph (A)(1) of this Section is5
completed. With the parent's consent, early intervention services may commence6
prior to the completion of the assessment.7
D. The individualized family service plan shall be in writing and contain all8
of the following:9
(1) A statement of the infant's or toddler's present level of physical10
development, cognitive development, communication development, social or11
emotional development, and adaptive development, based on objective criteria.12
(2) A statement of the family's resources, priorities, and concerns relating to13
enhancing the development of the family's infant or toddler with a disability.14
(3) A statement of the measurable results or outcomes expected to be15
achieved for the infant and toddler and the family, including preliteracy and language16
skills, as developmentally appropriate for the child, and the criteria, procedures, and17
timelines used to determine the degree to which progress toward achieving the18
results or outcomes is being made and whether modifications or revisions of the19
results or outcomes or services are necessary.20
(4) A statement of specific early intervention services based on21
peer-reviewed research, to the extent practicable, necessary to meet the unique needs22
of the infant or toddler and the family, including the frequency, intensity, and the23
method of delivering services.24
(5) A statement of the natural environments in which early intervention25
services shall appropriately be provided, including a justification of the extent, if26
any, to which the services will not be provided in a natural environment.27
(6) The projected dates for initiation of services and the anticipated length,28
duration, and frequency of the services.29 ENROLLEDHB NO. 375
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(7) The identification of the family service coordinator from the profession1
most immediately relevant to the infant's or toddler's or family's needs or who is2
otherwise qualified to carry out all applicable responsibilities pursuant to the3
provisions of this Chapter who will be responsible for the implementation of the plan4
and coordination with other agencies and persons, including transition services.5
(8) The steps to be taken to support the transition of the toddler with a6
disability to preschool or other appropriate services, including the following steps:7
(a) Notify the local educational agency for the area in which such a child8
resides that the child will shortly reach the age of eligibility for preschool services9
pursuant to IDEA-Part B federal regulations as determined in accordance with10
Louisiana law.11
(b) In the case of a child who may be eligible for such preschool services,12
with the approval of the family of the child, convene a conference among the family13
service coordinator, the family, and the local educational agency at least ninety days14
but no more than six months before the child is eligible for the preschool services,15
to discuss any such services that the child may receive.16
(c) In the case of a child who may not be eligible for such preschool services,17
with the approval of the family, make reasonable efforts to convene a conference18
among the family service coordinator, the family, and providers of other appropriate19
services for children who are not eligible for preschool service pursuant to20
IDEA-Part B federal regulations to discuss the appropriate services that the child21
may receive.22
E. The contents of the individualized family service plan shall be fully23
explained to the parents and informed written consent from the parents shall be24
obtained prior to the provision of early intervention services described in such plan.25
If the parents do not provide consent with respect to a particular early intervention26
service, then only the early intervention services to which consent is obtained shall27
be provided.28 ENROLLEDHB NO. 375
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§466. Uses of funds1
In addition to utilizing funds provided pursuant to the provisions of this2
Chapter to implement and maintain the statewide system, the department shall use3
such funds for the following purposes:4
(1) For direct early intervention services for infants and toddlers with5
disabilities and their families as provided in this Chapter that are not otherwise6
funded through public or private sources.7
(2) To expand and improve upon services for infants and toddlers and their8
families as provided in this Chapter that are otherwise available.9
(3) To strengthen the statewide system by initiating, expanding, or10
improving collaborative efforts related to at-risk infants and toddlers, including11
establishing linkages with appropriate public or private community-based12
organizations, services, and personnel for the purposes of:13
(a) Identifying and evaluating at-risk infants and toddlers.14
(b) Making referrals of the infants and toddlers identified and evaluated15
pursuant to the provisions of Subparagraph (a) of this Paragraph.16
(c) Conducting periodic follow-up on each such referral to determine if the17
status of the infant or toddler involved has changed with respect to the eligibility of18
the infant or toddler for services pursuant to this Chapter.19
§467. Procedural safeguards20
The procedural safeguards which shall be included in a statewide system21
shall provide, at a minimum, the following:22
(1) The timely administrative resolution of complaints by parents. Any party23
aggrieved by the findings and decision regarding an administrative complaint shall24
have the right to bring a civil action with respect to the complaint in any state court25
of competent jurisdiction or in a district court of the United States without regard to26
the amount in controversy. In any action brought pursuant to the provisions of this27
Paragraph, the court shall receive the records of the administrative proceedings, shall28
hear additional evidence at the request of a party, and, basing its decision on the29 ENROLLEDHB NO. 375
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preponderance of the evidence, shall grant such relief as the court determines is1
appropriate.2
(2) The right to confidentiality of personally identifiable information,3
including the right of parents to written notice of and written consent to the exchange4
of such information among agencies consistent with applicable provisions of federal5
and state law.6
(3) The right of the parents to determine whether they, their infant or toddler,7
or other family members will accept or decline any early intervention service8
provided for in this Chapter in accordance with state law without jeopardizing other9
early intervention services provided for in this Chapter.10
(4) The opportunity for parents to examine records relating to assessment,11
screening, eligibility determinations, and the development and implementation of the12
individualized family service plan.13
(5) Procedures to protect the rights of the infant or toddler whenever the14
parents of the infant or toddler are not known or cannot be found or the infant or15
toddler is a ward of the state, including the assignment of an individual, who shall16
not be an employee of the department or any other state agency; and who shall not17
be any person, or any employee of a person, providing early intervention services to18
the infant or toddler or any family member of the infant or toddler to act as a19
surrogate for the parents.20
(6) Written prior notice to the parents of the infant or toddler with a21
disability whenever the state agency or service provider proposes to initiate or22
change or refuses to initiate or change the identification, evaluation, or placement of23
the infant or toddler with a disability, or the provision of appropriate early24
intervention services to the infant or toddler.25
(7) Procedures designed to ensure that the notice required by Paragraph (6)26
of this Section fully informs the parents, in the parents' native language, unless it is27
not feasible to do so, of all procedures available pursuant to this Section.28
(8) The right of parents to use mediation in accordance with Section 615 of29
IDEA.30 ENROLLEDHB NO. 375
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(9) During the pendency of any proceeding or action involving a complaint1
by the parents of an infant or toddler with a disability, unless the department and the2
parents otherwise agree, the infant or toddler shall continue to receive the appropriate3
early intervention services currently being provided, or if applying for initial4
services, shall receive the services not in dispute.5
§468. Payor of last resort; nonsubstitution; reduction of other benefits6
A. Funds provided pursuant to this Chapter may not be used to satisfy a7
financial commitment for services that would have been paid for from another public8
or private source, including any medical program administered by the Secretary of9
Defense, but for the enactment of this Chapter; except that whenever considered10
necessary to prevent a delay in the receipt of appropriate early intervention services11
by the infant or toddler or family according to the department's established timeline12
for timely delivery of services, funds provided pursuant to this Chapter may be used13
to pay the provider of services pending reimbursement from the agency that has14
ultimate responsibility for the payment.15
B. Nothing in this Chapter shall be construed to permit the department to16
reduce medical or other assistance available or to alter eligibility pursuant to Title17
V of the Social Security Act, relating to maternal and child health, or Title XIX of18
the Social Security Act, relating to Medicaid for infants or toddlers with disabilities,19
within the state of Louisiana.20
§469. System of payments; authority of the Department of Health and Hospitals;21
cost participation schedule22
A. The department is hereby authorized to establish a statewide system of23
payments in accordance with the provisions of 34 CFR Part 303.24
B.(1) In implementing the system of payments, the department shall25
promulgate rules for the reimbursement of services from all third-party payers, both26
private and public.27
(2) The department or its designee shall seek payment from all third-party28
payers prior to claiming payment from the IDEA-Part C early intervention system29
of this state for services rendered to eligible children.30 ENROLLEDHB NO. 375
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(3) The department or its designee may pay directly to a provider any1
required deductible, copayment, coinsurance, or other out-of-pocket expense for a2
child who is eligible for services from the IDEA-Part C early intervention system of3
this state.4
C.(1)(a) The department shall promulgate rules in accordance with the5
Administrative Procedure Act that establish a schedule of monthly cost participation6
for early intervention services per qualifying family. Cost participation shall be7
based on a sliding scale and shall consider elements, including but not limited to8
adjusted gross income, family size, financial hardship, extraordinary expenses9
associated with the child, and Medicaid eligibility. The department shall be subject10
to all of the following limitations and requirements relative to the cost participation11
schedule:12
(i) The department shall utilize the most recent federal poverty guidelines13
issued in the Federal Register by the United States Department of Health and Human14
Services as the basis for determining the income threshold based on family size for15
eligibility for cost participation.16
(ii) The department shall not assess any fee or other charge through the cost17
participation schedule upon a family which has annual income of less than three18
hundred percent of the federal poverty level.19
(iii) In any month, the department shall not assess fees or other charges20
through the cost participation schedule which total more than three percent of the21
monthly income level for a family of four, according to the federal poverty guideline22
schedule.23
(iv) The department shall not assess a fee or other charge through the cost24
participation schedule for any service provided for in Item (c)(ii) of this Paragraph.25
(b) Parents who have public or private insurance and elect not to assign such26
right of recovery or indemnification to the department or choose not to release27
financial information shall be assessed the cost for each early intervention service28
listed on the individualized family service plan according to the most current service29
rate schedule and cost participation schedule promulgated by the department.30 ENROLLEDHB NO. 375
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(c) The cost participation schedule promulgated by the department shall1
provide all of the following:2
(i) Procedures by which a service provider may notify the department that3
a family is not complying with the cost participation requirements and procedures4
for suspending services.5
(ii) A statement of assurance that fees are not charged for services which a6
child is otherwise entitled to receive at no cost to parents, including child-find7
activities, evaluation and assessment for eligibility and individualized family service8
planning, service coordination, administrative and coordinative activities related to9
development review, evaluation of individualized family service plans, and10
implementation of procedural safeguards and other components of the statewide11
system provided for in R.S. 28:464.12
(2)(a) The department shall provide prior notification in writing to families13
for use of public or private insurance according to the requirements of 34 CFR14
303.414. Such notification shall include a statement of the general categories of15
costs that the parent would incur and a statement of the process for resolution of a16
dispute regarding decisions related to use of public or private insurance, failure to17
pay for services or the state's determination of a family's ability to pay.18
(b) The department shall ensure that the procedures utilized to resolve such19
disputes will not delay or deny the parents' rights or the child's ability to access20
timely services.21
(3) The aggregate contributions made by the parent shall not exceed the22
aggregate cost of the early intervention services received by the child and family,23
inclusive of any amount received from other sources of payment for a service.24
(4)(a) At least annually, or at any time the department determines is25
warranted, the department shall conduct a reassessment of the parents' financial26
status. A parent may request such reassessment at any time when significant changes27
in financial circumstances may affect the calculation of the cost participation28
amount.29 ENROLLEDHB NO. 375
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(b) The department shall not make any administrative decision regarding1
suspension or termination of services for a family prior to the family having been in2
arrears, with respect to fees or other charges assessed pursuant to cost participation,3
for a duration of three months.4
(c) On at least a monthly basis, the department shall send to any family in5
arrears, with respect to fees or other charges assessed pursuant to cost participation,6
notice of the family's right for reconsideration of their financial status and the7
family's right to apply for exemption from cost participation due to financial8
hardship. A copy of the notice shall be sent to the representative and senator in9
whose district the family resides.10
(5) The department shall not limit early intervention services for a child in11
any month if the cost of such services in that month exceeds the maximum monthly12
contribution from the child's family as provided in Item (1)(a)(iii) of this Subsection.13
§470. Louisiana State Interagency Coordinating Council for EarlySteps: Louisiana's14
Early Intervention Program for Infants and Toddlers with Disabilities and15
Their Families16
A. The Louisiana State Interagency Coordinating Council for EarlySteps:17
Louisiana's Early Intervention Program for Infants and Toddlers with Disabilities18
and Their Families is hereby created. All council members shall be appointed by the19
governor who shall also appoint the chairperson. No member of the council who is20
a representative of the department may serve as the chairperson of the council. At21
least twenty percent of the members shall be parents of infants or toddlers with22
disabilities or children with disabilities age twelve or younger, with knowledge of23
or experience with programs for infants and toddlers with disabilities; and at least24
twenty percent of the members shall be public or private providers of early25
intervention services.26
B. The council shall be comprised of the following members:27
(1) At least one member shall be a parent of either of the following:28
(a) An infant or toddler with disabilities.29
(b) A child with disabilities age six or younger.30 ENROLLEDHB NO. 375
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are additions.
(2) At least one member shall be an elected member of the Louisiana1
Legislature.2
(3) At least one member shall be involved in the preparation and training of3
early intervention providers to become qualified to provide services.4
(4) Members in the number of one each from each state agency involved in5
the provision of or payment for early intervention services to infants and toddlers6
with disabilities and their families, including Medicaid, and such members shall have7
sufficient authority to engage in policy planning and implementation on behalf of8
their respective agencies.9
(5) At least one member shall be from the office of the Louisiana10
Department of Education which is responsible for preschool services to children with11
disabilities and who shall have sufficient authority to engage in policy planning and12
implementation on behalf of such agency.13
(6) At least one member shall be from the Louisiana Department of14
Insurance.15
(7) At least one member shall be from a Head Start agency or program.16
(8) At least one member shall be from the Louisiana Department of Children17
and Family Services.18
(9) At least one member designated by the Louisiana Department of19
Education who is responsible for coordination of the education of homeless children20
and youth.21
(10) One member from the Department of Children and Family Services who22
is responsible for foster care.23
(11) One member from the Department of Health and Hospitals, office of24
behavioral health.25
(12) Any other members duly appointed by the governor.26
C. The council shall meet at least quarterly and in such places as it deems27
necessary. The meetings shall be publicly announced and to the extent appropriate,28
open, and accessible to the general public.29 ENROLLEDHB NO. 375
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are additions.
D.(1) Subject to the approval of the governor, the council may prepare and1
approve a budget using funds provided pursuant to the provisions of this Chapter to2
conduct hearings and forums; to reimburse members of the council for reasonable3
and necessary expenses, including child care for parent representatives, for attending4
council meetings, and performing council duties; and to pay compensation to a5
member of the council if the member is not employed or must forfeit wages from6
other employment when performing official council business.7
(2) The council shall use funds provided pursuant to this Chapter to hire an8
executive director who shall be responsible to and report directly to the council and9
the governor or his designee to carry out its functions pursuant to this Chapter. The10
executive director shall be hired as an unclassified employee of the office of the11
governor. The cost of maintaining the functions of the executive director and council12
shall be specified by an interagency agreement between the department and the13
office of the governor. The council may also use funds provided pursuant to this14
Chapter to obtain the services of other such professional, technical, and clerical15
personnel as may be necessary to carry out its functions as provided in this Chapter.16
E. The council shall have the following duties:17
(1) To advise and assist the department in the performance of responsibilities18
established pursuant to this Chapter, particularly the identification of sources of19
fiscal and other support for services for early intervention programs, assignment of20
financial responsibility to the appropriate agency, and the promotion of interagency21
agreements.22
(2) To advise and assist the department in the preparation of applications and23
amendments thereto.24
(3) To advise and assist the department relative to the transition of toddlers25
with disabilities to preschool and other appropriate services.26
(4) To prepare and submit an annual report to the governor and to the United27
States Secretary of Education on the status of early intervention programs for infants28
and toddlers with disabilities and their families operated within the state.29 ENROLLEDHB NO. 375
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are additions.
(5) The council may advise appropriate agencies in the state with respect to1
the integration of services for infants and toddlers with disabilities and at-risk infants2
and toddlers and their families, regardless of whether at-risk infants and toddlers are3
eligible for early intervention services in the state.4
(6) To prepare and submit an annual report to the Legislature of Louisiana5
on the status of the early intervention program of this state for infants and toddlers6
with disabilities and their families.7
F. No member of the council shall cast a vote on any matter which would8
provide direct financial benefit to that member or otherwise give the appearance of9
a conflict of interest.10
Section 2. R.S. 36:4(R) is hereby amended and reenacted to read as follows:11
§4. Structure of executive branch of state government12
* * *13
R. The Louisiana State Interagency Coordinating Council for Child Net:14
EarlySteps: Louisiana's Early Intervention Program for Infants and Toddlers with15
Special Needs Disabilities and Their Families (R.S. 17:1979 R.S. 28:470) is placed16
within the office of the governor and shall exercise and perform its powers, duties,17
functions, and responsibilities in the manner provided for agencies transferred under18
the provisions of R.S. 36:802, except that it shall have any other powers, duties,19
functions, and responsibilities specifically provided in R.S. 17:1979 R.S. 28:470.20
* * *21
Section 3. Part III of Chapter 8 of Title 17 of the Louisiana Revised Statutes of 1950,22
comprised of R.S. 17:1971 through 1979, is hereby repealed in its entirety.23
Section 4. All administrative rules relative to ChildNet: Louisiana's Early24
Intervention Program for Infants and Toddlers with Special Needs and Their Families duly25
promulgated by the Department of Education shall remain effective and shall be deemed to26
have been promulgated by the Department of Health and Hospitals until such time as those27
rules may be revised and repromulgated to provide for the EarlySteps program in accordance28
with the provisions of this Act.29 ENROLLEDHB NO. 375
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are additions.
Section 5. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: