Advocates for Children of New York, Inc.
151 West 30th Street, 5th Floor
New York, NY 10001
Tel. (212) 947-9779
Fax (212) 947-9790
Website: www.advocatesforchildren.org
Jill Chaifetz, Executive Director
The Early Intervention Program is a family centered program that provides services for 0-3 year olds with developmental delays and their families. The program is run by the Department of Health (Department of Mental Health, Mental Retardation and Alcoholism Services in New York City) and the services are free!
The earlier delays or disabilities are identified and serviced, the easier it is to maximize the growth and development of the child. Furthermore, the law recognizes that parents and families are key parts to early intervention and that the needs of each child are unique. Therefore, parents and professionals should form a team that will create a plan for services that fits the lives of the entire family.
These are the types of services available in the early intervention program:
Early intervention is a series of steps that begins with a referral and may continue in preschool and public schools under special education services. As a parent, it is important to understand and be involved in each of the steps and to know your rights and those of your child. Be sure to ask questions and keep copies of all letters and documents. Learn to be your child's advocate!
Your child may be referred to the Early Intervention Program if he/she is under 3 years old and is suspected of having a disability, a developmental delay, or a condition with a high probability of resulting in a delay. A subsequent evaluation will determine the type and level of developmental delay which generally falls in one or more of the following categories:
Although you and your child must live in New York to be eligible for early intervention, you do not need to be U.S. citizens.
A referral is made to an Early Intervention Official. A parent can write to their official or call the Early Intervention Program at:
Once your child is referred, an initial service coordinator will contact you to set up a meeting in order to explain and guide you through the Early Intervention Program. Before this meeting however, you should receive a copy of the Early Intervention Program parent's handbook, The Early Intervention Program, A Parent's Guide by the New York State Department of Health. If you do not receive a copy in the mail or from your service coordinator, it is important that you request one over the phone.
The interim IFSP is an immediate and temporary plan for services. Your child's needs must be immediate and obvious in order to receive an interim IFSP. The plan must include the name of your service coordinator and details of the services to be provided and cannot be provided without parental consent.
The evaluation determines whether or not your child needs early intervention services and your child's specific developmental strengths and weaknesses. It should be performed by at least two professionals, one of whom should be a specialist in the area of your child's suspected delay. The evaluation should include:
As a parent who knows your child best, it is your right to be present and participate in the evaluation which should take place at a time and place convenient for you. This means the evaluation may take place at your home and be administered in your dominant language.
After the evaluation you are entitled to an oral summary as well as, upon request, a written summary and evaluation report. These must include:
If you feel more information is needed, you may request a second evaluation or part of an evaluation as long as your Early Intervention Official agrees. You may also request a Family Assessment from the evaluation team to help identify the concerns, priorities and resources of your family as you go through the early intervention process. The assessment is completely voluntary and confidential and can be helpful when designing the IFSP for you and your child.
If your child is eligible for early intervention services, your initial service coordinator will set up a meeting to create an IFSP. An IFSP is a written plan which details what services your child and family needs, and the goals and objectives of such services. It should be completed 45 calendar days after your child's referral to your Early Intervention Official unless you delay or postpone the evaluation or meeting.
The meeting should be held at a time and place that is convenient for you and be conducted in your dominant language. The people who must be at the meeting form an IFSP team and include:
You may also invite others to attend the meeting such as an advocate, family members, a current or potential service provider or a doctor.
The IFSP must include:
The IFSP is a team effort in which you are key player. The plan will only be implemented by the ongoing service coordinator when you and the Early Intervention Official both agree on it. If you do not provide written consent for a particular service, that service may not be provided (meanwhile, this does not jeopardize your right to receive the services you do agree upon). Make sure you understand the plan and that your opinion on what your child and family need is heard.
Once the IFSP is developed, your child is eligible to receive services immediately. Services are provided in the following manner:
Your ongoing service coordinator is responsible for making sure the services are delivered and helping you with any problems.
The IFSP will be reviewed every 6 months and re-evaluated annually by the IFSP team (you, your service coordinator, your Early Intervention Official and your evaluator/service providers). This review process monitors your child's progress and enables adjustments to be made in the plan when needed. Like the initial IFSP, you and your Early Intervention Official must agree on the IFSPs that are revised at the 6-month reviews and annual meetings. You may also request a review at any time you feel necessary.
The Early Intervention Program will be available for your child until the age of 3. At that point your child may no longer need services or will transition to other services. Many children will be eligible for preschool special education services from the ages 3-5. While these services follow a process similar to the Early Intervention Program, they are administered by the New York City Board of Education rather than the Department of Health. Your transition plan will be a part of your IFSP.
Your child's birthday will determine when early intervention services end and when transitioning will begin.
Well before your child turns 3 (6 months), the IFSP team should meet to discuss the options and services available after early intervention. If the team decides that your child is eligible for preschool special education, with your consent, your Early Intervention Official will notify (in writing) your local Committee on Preschool Special Education (the CPSE in your school district) of your child's potential transition. This notification should occur at least 120 calendar days (4 months) before the date your child will be eligible for preschool special education.
Your service coordinator may send, with your consent, all records (IFSPs, evaluations) to the CPSE to decide whether your child needs an evaluation to determine eligibility for preschool services. At your request, a transition conference will be held to review the options available for your child and to develop a transition plan for preschool special education. The conference must be held in time to allow your service coordinator make a formal referral to the CPSE 90 calendar days before your child is eligible for preschool services. The conference includes:
With your consent, the transition conference may be combined with your initial CPSE review meeting if your child's records or evaluation deems your child eligible for preschool services. The initial CPSE review meeting is similar to the first IFSP meeting except instead of creating an IFSP, an Individualized Education Program (IEP) is developed. If your child is not eligible for preschool special education, your service coordinator will assist you in finding other service options.
If you have a disagreement with the early intervention staff at any stage of the process, you have the right to:
Mediation is an informal and confidential process in which parents and Early Intervention Officials discuss their concerns with a mediator, a person trained to help people resolve problems. During mediation both sides get a chance to voice their perspective with a neutral listener in order to reach some understanding or agreement.
You must request mediation in writing from your Early Intervention Official who then has 2 days to notify a Community Dispute Resolution Center. A copy of the notification will be sent to you and should include the names, addresses, and phone numbers of participating parties, the need for an interpreter, and the nature of the problem. The center will then assign a mediator who should set up a mediation meeting within 2 weeks of your Early Intervention Official's notification.
Mediation is free and you are allowed to invite guests to the meeting for example, a friend, advocate or family member, but you must notify all parties if you bring an attorney and vice versa (Note: the Early Intervention Program will not pay for your attorney).
Mediation must be finished within 30 days of notification. Your mediator will document any agreement reached and ask both parties to sign. Your service coordinator must then update the IFSP within 5 working days of receiving the agreement. If no agreement is reached, your service coordinator will help you obtain an impartial hearing, at your request.
An impartial hearing is a formal process conducted by an impartial hearing officer (administrative law judge) to resolve a problem. Both sides provide testimony and present witnesses to back their positions. The hearing officer reviews all the evidence and must make a decision within 30 days. You do not have to go through mediation before requesting an impartial hearing.
You must write to the Commissioner of the New York State Department of Health to request an impartial hearing. If the problem is regarding your child's ineligibility for early intervention, you must request the hearing within 6 months of finding that your child was ineligible.
The Commissioner will assign a hearing officer to you and send a notice of hearing that should include:
If you do not receive the notice within a week after submitting your request, call the Administrative Law Judge's Office (Dept. of Health) at (518) 473-1385.
The hearing should be recorded and you are entitled to a copy of the hearing record upon request. Obtaining the record is important, especially if you disagree with the decision and want an appeal. You will receive a copy of the decision including the findings and conclusions of the Hearing Officer, how the dispute is to be resolved, an order for implementation, and a right to appeal. Your service coordinator or Early Intervention Official is then responsible for changing your IFSP within 5 days.
If your Early Intervention Official decides to bring an attorney to the hearing, you must be informed within 5 working days of receiving the notice of request. You then have at least 5 days to find an attorney of your own if you so desire (your service coordinator should inform you of free or low cost legal services). Under some conditions, attorney's fees may be paid for by your county.
You may file a system complaint if you believe that your early intervention officers or service providers are not doing their jobs as required by law. A complaint should be filed to the New York State Department of Health in writing or, if necessary, in person or by telephone. The Department of Health then has 60 days in which to investigate your complaint and another 10 days in which to send you a copy of their findings and corrective action plan if needed. If changes are required, you should be informed of when they will be implemented and a review will be conducted to see that they have been made.
As a parent, you have certain rights under the Early Intervention Program that you should know. Your Early Intervention Official should make sure you know about your rights and your service coordinator should explain them to you and help carry them out. You have the right to:
The Early Intervention Program exists to help your child develop. The earlier developmental delays or disabilities are found and serviced, the better for your child. As put by the Department of Health and the Early Intervention Coordinating Council:
"The mission of the Early Intervention Program is to identify and evaluate as early as possible those infants and toddlers whose healthy development is compromised and provide for appropriate intervention to improve child and family development"
Your role as a parent is vital for you are the most important person in your child's life and you know your child best. Make sure that early intervention services are doing what is best for your child. To ensure this, you should be ready to organize and keep track of all the paperwork throughout the early intervention process. Keep copies and notes of all contacts, conversations, meetings, correspondence and information you encounter in one place. Be aware of your rights and those of your family and make yourself an active participant in all stages of early intervention.
As your child's first and best advocate, you may need some advice or legal help. If you have any questions or problems regarding early intervention and your child, don't hesitate to contact Advocates for Children. Good luck!
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Doctors, teachers, day care centers and other social service programs can also make referrals but cannot do so when a parent objects.
STEP 2: Meeting Your Service Coordinator
During the meeting, your service coordinator should:
STEP 4: The Individualized Family Service Plan (IFSP)
STEP 5: Implementing and Reviewing the IFSP