§ 2552. Responsibility of municipality. 1. Each municipality shall be responsible for ensuring that the early intervention services contained in an IFSP are provided to eligible children and their families who reside in such municipality. A municipality may monitor, which may include site visitation, evaluators and providers of such services within the municipality in accordance with this title and regulations promulgated hereunder, including making the determinations specified in this section. The service coordinator shall report, in a manner and format as determined by the municipality, on the delivery of services to an eligible child in accordance with the eligible child's IFSP. A municipality may request that the parent select a new service coordinator or require that the service coordinator select a new provider of services if the municipality finds that the service coordinator has not been performing his or her responsibilities as required by this title or that services have not been provided in accordance with the eligible child's IFSP. If the early intervention official determines that the evaluator has not followed the requirements in this title or regulations promulgated hereunder, the early intervention official may require that the evaluator immediately submit additional documentation to support the eligibility determination. If the evaluator does not provide the requested documentation, or the documentation provided continues to be inconsistent with the requirements of this title or regulations, the early intervention official can require that the parent select another evaluator to conduct a multidisciplinary evaluation to determine whether the child meets eligibility for program services.

Terms Used In N.Y. Public Health Law 2552

  • Early intervention official: means an appropriate municipal official designated by the chief executive officer of a municipality and an appropriate designee of such official. See N.Y. Public Health Law 2541
  • Early intervention services: means developmental services that:

    (a) are provided under public supervision;

    (b) are selected in collaboration with the parents;

    (c) are designed to meet a child's developmental needs in any one or more of the following areas:

    (i) physical development, including vision and hearing,

    (ii) cognitive development,

    (iii) communication development,

    (iv) social or emotional development, or

    (v) adaptive development;

    (d) meet the coordinated standards and procedures;

    (e) are provided by qualified personnel;

    (f) are provided in conformity with an IFSP;

    (g) are, to the maximum extent appropriate, provided in natural environments, including the home and community settings where children without disabilities would participate;

    (h) include, as appropriate:

    (i) family training, counseling, home visits and parent support groups,

    (ii) special instruction,

    (iii) speech pathology and audiology,

    (iv) occupational therapy,

    (v) physical therapy,

    (vi) psychological services,

    (vii) case management services, hereafter referred to as service coordination services,

    (viii) medical services for diagnostic or evaluation purposes, subject to reasonable prior approval requirements for exceptionally expensive services, as prescribed by the commissioner,

    (ix) early identification, screening, and assessment services,

    (x) health services necessary to enable the infant or toddler to benefit from the other early intervention services,

    (xi) nursing services,

    (xii) nutrition services,

    (xiii) social work services,

    (xiv) vision services,

    (xv) assistive technology devices and assistive technology services,

    (xvi) transportation and related costs that are necessary to enable a child and the child's family to receive early intervention services, and

    (xvii) other appropriate services approved by the commissioner. See N.Y. Public Health Law 2541
  • Eligible child: means an infant or toddler from birth through age two who has a disability; provided, however, that any toddler with a disability who has been determined to be eligible for program services under § 4410 of the education law and:

    (i) who turns three years of age on or before the thirty-first day of August shall, if requested by the parent, be eligible to receive early intervention services contained in an IFSP until the first day of September of that calendar year; or

    (ii) who turns three years of age on or after the first day of September shall, if requested by the parent and if already receiving services pursuant to this title, be eligible to continue receiving such services until the second day of January of the following calendar year. See N.Y. Public Health Law 2541
  • Evaluation: means a multidisciplinary professional, objective assessment conducted by appropriately qualified personnel and conducted pursuant to section twenty-five hundred forty-four of this title to determine a child's eligibility under this title. See N.Y. Public Health Law 2541
  • Evaluator: means a team of two or more professionals approved pursuant to section twenty-five hundred fifty-one of this title to conduct screenings and evaluations. See N.Y. Public Health Law 2541
  • IFSP: means the individualized family service plan adopted in accordance with section twenty-five hundred forty-five of this title. See N.Y. Public Health Law 2541
  • Municipality: means a county outside the city of New York or the city of New York in the case of a county contained within the city of New York. See N.Y. Public Health Law 2541
  • Parent: means parent or person in parental relation to the child. See N.Y. Public Health Law 2541
  • Service coordinator: means a person who:

    (a) meets the qualifications established in federal law and regulation and demonstrates knowledge and understanding of:

    (i) infants and toddlers who may be eligible for services under this title;

    (ii) principles of family-centered services;

    (iii) part H of the federal individuals with disabilities education act and its corresponding regulations;

    (iv) the nature and scope of services available under this title; and

    (v) the requirements for authorizing and paying for such services and other pertinent information;

    (b) is responsible for:

    (i) assisting eligible children and their families in gaining access to services listed on the IFSP;

    (ii) coordinating early intervention services with other services such as medical and health services provided to the child;

    (iii) coordinating the performance of evaluations and assessments;

    (iv) participating in the development, monitoring and evaluation of the IFSP;

    (v) assisting the parent in identifying available service providers;

    (vi) coordinating service delivery;

    (vii) informing the family of advocacy services;

    (viii) where appropriate, facilitating the transition of the child to other appropriate services; and

    (ix) assisting in resolving any disputes which may arise between the family and service providers, as necessary and appropriate; and

    (c) meets such other standards as are specified pursuant to section twenty-five hundred fifty-one of this title. See N.Y. Public Health Law 2541

2. The early intervention official shall require an eligible child's parent to furnish the parents' and eligible child's social security numbers for the purpose of the department's and municipality's administration of the program.