NY Pub Health L § 2545 (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 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.   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 section  forty-four hundred ten 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.