N.Y. Public Health Law 2545 – Individualized family services plans (“IFSP”)
§ 2545. Individualized family services plans ("IFSP"). 1. If the evaluator determines that the infant or toddler is an eligible child, the early intervention official shall convene a meeting, at a time and place convenient to the parent, consisting of the parent, such official, the evaluator, the initial service coordinator and any other persons who the parent or the initial service coordinator, with the parent's consent, invite, provided that such meeting shall be held no later than forty-five days from the date that the early intervention official was first contacted regarding the child, except under exceptional circumstances prescribed by the commissioner. The early intervention official, at or prior to the time of scheduling the meeting, shall inform the parent of the right to invite any person to the meeting.
Terms Used In N.Y. Public Health Law 2545
- Disability: means :
(a) a developmental delay; or
(b) a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, such as Down syndrome or other chromosomal abnormalities, sensory impairments, inborn errors of metabolism or fetal alcohol syndrome. See N.Y. Public Health Law 2541 - 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
- 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, initial service coordinator, parent and evaluator shall develop an IFSP for an eligible child whose parents request services. The IFSP shall be in writing and shall include, but not be limited to:
(a) a statement, based on objective criteria, of the infant's or toddler's present levels of physical development, including vision and hearing; cognitive development; communication development; social or emotional development; and adaptive development;
(b) with parental consent, a statement of the family's strengths, priorities and concerns that relate to enhancing the development of the infant or toddler;
(c) a statement of (i) the major outcomes expected to be achieved for the child and the family, including timelines, and (ii) the criteria and procedures that will be used to determine whether progress toward achieving the outcomes is being made and whether modifications or revisions of the outcomes or services are necessary;
(d) a statement of specific early intervention services, including transportation and the mode thereof, necessary to meet the unique needs of the child and the family, including the frequency, intensity, location and the method of delivering services;
(e) a statement of the natural environments, including the home and community settings where children without disabilities participate, in which early intervention services shall appropriately be provided and an explanation of their appropriateness, and, where the child is in day care, a plan for qualified professionals to train the day care provider to accommodate the needs of the child, where appropriate;
(f) a statement of other services, including but not limited to medical services, that are not required under this title but that are needed by the child and the family;
(g) a statement of other public programs under which the child and family may be eligible for benefits, and a referral, where indicated;
(h) the projected dates for initiation of services and the anticipated duration of such services;
(i) the name of the service coordinator selected by the parent who will be responsible for the implementation of the IFSP and coordination with other agencies and persons;
(j) the steps to be taken supporting the potential transition of the toddler with a disability to services provided under § 4410 of the education law or to other services, to the extent the child is thought to be eligible for such services, including:
(i) discussions with and education of parents regarding potential options and other matters related to the child's transition;
(ii) procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting; and
(iii) with parental consent, the transmission of information about the child to the committee on preschool special education, to ensure continuity of services, if appropriate, including evaluation and assessment information and copies of IFSPs.
3. In developing the IFSP, consideration shall first be given to provision of transportation by a parent of a child to early intervention services. Other modes of transportation shall be provided if the parent can demonstrate the inability to provide appropriate transportation services.
4. If the IFSP team members, including the early intervention official and the parent agree on the IFSP, the IFSP shall be deemed final and the service coordinator shall be authorized to implement the plan.
5. If the IFSP team members, including the early intervention official and the parent do not agree on an IFSP, the service coordinator shall implement the sections of the proposed IFSP that are not in dispute, and the parent shall have the due process rights set forth in section twenty-five hundred forty-nine of this title.
6. The contents of the IFSP shall be fully explained to the parent, and informed consent from the parent shall be obtained prior to the provision of the early intervention services therein. If the parent does not provide such consent with respect to a particular early intervention service, then only those early intervention services with respect to which consent is obtained shall be provided.
7. The IFSP shall be reviewed at six month intervals and shall be evaluated annually by the early intervention official, service coordinator, the parent and providers of services to the eligible child. Upon request of a parent, the plan may be reviewed by such persons at more frequent intervals.
8. If, at any time, the parent and the service coordinator agree, in writing, that the child has met all the goals set forth in the IFSP or is otherwise no longer in need of services pursuant to this article, the service coordinator shall certify that the child is no longer an eligible child.
9. A parent may, at any time during or after development of the IFSP, select a service coordinator who will become responsible for implementing the IFSP and who may be different from the initial service coordinator.
10. The service coordinator shall ensure that the IFSP, including any amendments thereto, is implemented in a timely manner but not later than thirty days after the projected dates for initiation of the services as set forth in the plan.