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.

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.