N.Y. Public Health Law § 2550: Responsibilities of lead agency

§ 2550. Responsibilities of lead agency. 1. The lead agency is

responsible for the general administration and supervision of programs

and activities receiving assistance under this title, and the monitoring

of programs and activities used by the state to carry out this title,

whether or not such programs or activities are receiving assistance made

available under this title, to ensure that the state complies with the

provisions of this title.

2. In meeting the requirements of subdivision one of this section, the

lead agency shall adopt and use proper methods of administering the

early intervention program, including:

(a) establishing standards for evaluators, service coordinators and

providers of early intervention services;

(b) approving, and periodically re-approving evaluators, service

coordinators and providers of early intervention services who meet

department standards; provided however that the department may require

that approved evaluators, service coordinators and providers of early

intervention services enter into agreements with the department in order

to conduct evaluations or render service coordination or early

intervention services in the early intervention program. Such agreements

shall set forth the terms and conditions of participation in the

program. If the department requires that such providers enter into

agreements with the department for participation in the program,

"approval" or "approved" as used in this title shall mean a provider who

is approved by the department in accordance with department regulations

and has entered into an agreement with the department for the provision

of evaluations, service coordination or early intervention services. The

department shall use best efforts to ensure provider capacity in the

early intervention program.

(c) monitoring of agencies, institutions and organizations under this

title and agencies, institutions and organizations providing early

intervention services which are under the jurisdiction of a state early

intervention service agency;

(d) enforcing any obligations imposed on those agencies under this

title or Part H of the federal individuals with disabilities education

act and its regulations;

(e) providing training and technical assistance to those agencies,

institutions and organizations, including initial and ongoing training

and technical assistance to municipalities to help enable them to

identify, locate and evaluate eligible children, develop IFSPs, ensure

the provision of appropriate early intervention services, promote the

development of new services, where there is a demonstrated need for such

services and afford procedural safeguards to infants and toddlers and

their families;

(f) correcting deficiencies that are identified through monitoring;

and

(g) in monitoring early intervention services, the commissioner shall

provide municipalities with the results of any review of early

intervention services undertaken and shall provide the municipalities

with the opportunity to comment thereon.

3. The commissioner, through a comprehensive system of personnel

development, shall promote the availability of qualified personnel to

provide evaluations and early intervention services to eligible children

and their families.