NY Pub Health L § 2544 (2021)
2021 New York Laws PBH - Public Health Article 25 - Maternal and Child Health Title 2-A - Early Intervention Program for Infants and Toddlers With Disabilities and Their Families 2544 - Screening and Evaluations.

§  2544.  Screening  and  evaluations.  1. Each child thought to be an eligible child is entitled to a multidisciplinary  evaluation,  and  the early  intervention official shall ensure such evaluation, with parental consent.   2. (a) The parent may select an evaluator from the  list  of  approved evaluators as described in section twenty-five hundred forty-two of this title   to  conduct  the  evaluation.  The  parent  or  evaluator  shall immediately notify the early intervention official  of  such  selection. The  evaluator may begin the evaluation no sooner than four working days after such  notification,  unless  otherwise  approved  by  the  initial service coordinator.  (b)  the  evaluator  shall  designate  an  individual as the principal contact for the multidisciplinary team.  (c) If, in consultation with the evaluator,  the  service  coordinator identifies a child that is potentially eligible for programs or services offered  by  or  under  the  auspices  of  the  office  for  people with developmental disabilities, the service coordinator shall,  with  parent consent,  notify  the office for people with developmental disabilities' regional developmental disabilities services  office  of  the  potential eligibility of such child for said programs or services.   3.  (a)  To  determine  eligibility, an evaluator shall, with parental consent, either (i) screen a child to determine what type of evaluation, if any, is warranted, or (ii) provide a multidisciplinary evaluation. In making the determination whether to provide an evaluation, the evaluator may rely on a recommendation from a physician or other qualified  person as designated by the commissioner.  (b)  If, based upon the screening, a child is believed to be eligible, or if otherwise elected by the parent, the child shall, with the consent of a parent, receive a  multidisciplinary  evaluation.  All  evaluations shall  be  conducted  in  accordance  with the coordinated standards and procedures and with regulations promulgated by the commissioner.   4. The evaluation of each child shall:  (a) be conducted by personnel trained to utilize  appropriate  methods and procedures;  (b) be based on informed clinical opinion;  (c)  be  made  without  regard  to the availability of services in the municipality or who might provide such services; and  (d) with parental consent, include the following:  (i) a review of pertinent  records  related  to  the  child's  current health status and medical history;  (ii)  an evaluation of the child's level of functioning in each of the developmental areas set forth in paragraph (c) of subdivision  seven  of section twenty-five hundred forty-one of this title;  (iii)  an assessment of the unique needs of the child in terms of each of the developmental areas set forth in  paragraph  (c)  of  subdivision seven  of section twenty-five hundred forty-one of this title, including the identification of services appropriate to meet those needs;  (iv) an evaluation of the transportation needs of the child,  if  any; and  (v)   such   other  matters  as  the  commissioner  may  prescribe  in regulation.   5. An evaluation  shall  not  include  a  reference  to  any  specific provider of early intervention services.   6. Nothing in this section shall restrict an evaluator from utilizing, in  addition  to  findings  from  his or her personal examination, other examinations, evaluations  or  assessments  conducted  for  such  child, including those conducted prior to the evaluation under this section, if  such  examinations,  evaluations  or assessments are consistent with the coordinated standards and procedures.   7. Following completion of the evaluation, the evaluator shall provide the  parent and service coordinator with a copy of a summary of the full evaluation. To the extent practicable, the summary shall be provided  in the  native  language  of  the parent. Upon request of the parent, early intervention  official  or  service  coordinator,  the  evaluator  shall provide a copy of the full evaluation to such parent, early intervention official or service coordinator.   8. A parent who disagrees with the results of an evaluation may obtain an  additional evaluation or partial evaluation at public expense to the extent authorized by federal law or regulation.   9. Upon receipt of the results of an evaluation, a service coordinator may, with parental consent, require  additional  diagnostic  information regarding  the  condition  of  the  child,  provided, however, that such evaluation or assessment is not unnecessarily duplicative or invasive to the child, and provided further, that:  (a) where the evaluation has established the child's eligibility, such additional diagnostic  information  shall  be  used  solely  to  provide additional  information  to the parent and service coordinator regarding the child's need for  services  and  cannot  be  a  basis  for  refuting eligibility;  (b)  the  service  coordinator  provides  the  parent  with  a written explanation  of  the   basis   for   requiring   additional   diagnostic information;  (c)  the  additional  diagnostic  procedures  are at no expense to the parent; and  (d) the evaluation is completed and a meeting to develop  an  IFSP  is held   within   the  time  prescribed  in  subdivision  one  of  section twenty-five hundred forty-five of this title.   10. (a) If the screening indicates that the infant or toddler  is  not an eligible child and the parent elects not to have an evaluation, or if the  evaluation  indicates that the infant or toddler is not an eligible child, the service coordinator shall inform the parent of other programs or services that may benefit such child, and  the  child's  family  and, with parental consent, refer such child to such programs or services.  (b)  A  parent  may  appeal a determination that a child is ineligible pursuant to the provisions of section twenty-five hundred forty-nine  of this  title,  provided,  however,  that  a  parent may not initiate such appeal until all evaluations are completed.   11. Notwithstanding any other provision of law to the contrary,  where a  request  has  been  made  to  review  an  IFSP prior to the six-month interval provided in subdivision seven of  section  twenty-five  hundred forty-five  of  this  title  for  purposes  of  increasing  frequency or duration of an approved service,  including  service  coordination,  the early  intervention  official  may  require  an additional evaluation or partial evaluation at public expense by an approved evaluator other than the current provider of service, with parent consent.