N.Y. Public Health Law § 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.