§ 2541. Definitions. As used in this title the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n 1. "Children at risk" means children who may experience a disability\nbecause of medical, biological or environmental factors which may\nproduce developmental delay, as determined by the commissioner through\nregulation.\n 2. "Coordinated standards and procedures" means standards and\nprocedures developed by state early intervention service agencies\npursuant to section twenty-five hundred fifty-one of this title.\n 3. "Council" means the early intervention coordinating council\nestablished under section twenty-five hundred fifty-three of this title.\n 4. "Developmental delay" means that a child has not attained\ndevelopmental milestones
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§ 2541. Definitions. As used in this title the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n 1. "Children at risk" means children who may experience a disability\nbecause of medical, biological or environmental factors which may\nproduce developmental delay, as determined by the commissioner through\nregulation.\n 2. "Coordinated standards and procedures" means standards and\nprocedures developed by state early intervention service agencies\npursuant to section twenty-five hundred fifty-one of this title.\n 3. "Council" means the early intervention coordinating council\nestablished under section twenty-five hundred fifty-three of this title.\n 4. "Developmental delay" means that a child has not attained\ndevelopmental milestones expected for the child's chronological age, as\nmeasured by qualified professionals using appropriate diagnostic\ninstruments and/or procedures and informed clinical opinion, in one or\nmore of the following areas of development: cognitive, physical,\ncommunication, social or emotional, or adaptive.\n 5. "Disability" means:\n (a) a developmental delay; or\n (b) a diagnosed physical or mental condition that has a high\nprobability of resulting in developmental delay, such as Down syndrome\nor other chromosomal abnormalities, sensory impairments, inborn errors\nof metabolism or fetal alcohol syndrome.\n 6. "Early intervention official" means an appropriate municipal\nofficial designated by the chief executive officer of a municipality and\nan appropriate designee of such official.\n 7. "Early intervention services" means developmental services that:\n (a) are provided under public supervision;\n (b) are selected in collaboration with the parents;\n (c) are designed to meet a child's developmental needs in any one or\nmore of the following areas:\n (i) physical development, including vision and hearing,\n (ii) cognitive development,\n (iii) communication development,\n (iv) social or emotional development, or\n (v) adaptive development;\n (d) meet the coordinated standards and procedures;\n (e) are provided by qualified personnel;\n (f) are provided in conformity with an IFSP;\n (g) are, to the maximum extent appropriate, provided in natural\nenvironments, including the home and community settings where children\nwithout disabilities would participate;\n (h) include, as appropriate:\n (i) family training, counseling, home visits and parent support\ngroups,\n (ii) special instruction,\n (iii) speech pathology and audiology,\n (iv) occupational therapy,\n (v) physical therapy,\n (vi) psychological services,\n (vii) case management services, hereafter referred to as service\ncoordination services,\n (viii) medical services for diagnostic or evaluation purposes, subject\nto reasonable prior approval requirements for exceptionally expensive\nservices, as prescribed by the commissioner,\n (ix) early identification, screening, and assessment services,\n (x) health services necessary to enable the infant or toddler to\nbenefit from the other early intervention services,\n (xi) nursing services,\n (xii) nutrition services,\n (xiii) social work services,\n (xiv) vision services,\n (xv) assistive technology devices and assistive technology services,\n (xvi) transportation and related costs that are necessary to enable a\nchild and the child's family to receive early intervention services, and\n (xvii) other appropriate services approved by the commissioner.\n (i) are cost-effective.\n 8. (a) "Eligible child" means an infant or toddler from birth through\nage two who has a disability; provided, however, that any toddler with a\ndisability who has been determined to be eligible for program services\nunder section forty-four hundred ten of the education law and:\n (i) who turns three years of age on or before the thirty-first day of\nAugust shall, if requested by the parent, be eligible to receive early\nintervention services contained in an IFSP until the first day of\nSeptember of that calendar year; or\n (ii) who turns three years of age on or after the first day of\nSeptember shall, if requested by the parent and if already receiving\nservices pursuant to this title, be eligible to continue receiving such\nservices until the second day of January of the following calendar year.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a child who receives services pursuant to section\nforty-four hundred ten of the education law shall not be an eligible\nchild.\n 9. "Evaluation" means a multidisciplinary professional, objective\nassessment conducted by appropriately qualified personnel and conducted\npursuant to section twenty-five hundred forty-four of this title to\ndetermine a child's eligibility under this title.\n 10. "Evaluator" means a team of two or more professionals approved\npursuant to section twenty-five hundred fifty-one of this title to\nconduct screenings and evaluations.\n 11. "IFSP" means the individualized family service plan adopted in\naccordance with section twenty-five hundred forty-five of this title.\n 12. "Lead agency" means the department of health, the public agency\nresponsible for the administration of the early intervention system in\ncollaboration with the state early intervention service agencies.\n 13. "Municipality" means a county outside the city of New York or the\ncity of New York in the case of a county contained within the city of\nNew York.\n 13-a. Subject to federal law and regulations, "natural environment" or\n"natural setting" means a setting that is natural or normal for the\nchild's age peers who have no disability.\n 14. "Parent" means parent or person in parental relation to the child.\nWith respect to a child who has no parent or person in a parental\nrelation, "parent" shall mean the person designated to serve in parental\nrelation for the purposes of this title, pursuant to regulations of the\ncommissioner promulgated in consultation with the commissioner of social\nservices for children in foster care.\n 15. "Qualified personnel" means:\n (a) persons holding a state approved or recognized certificate,\nlicense or registration in one of the following fields:\n (i) special education teachers;\n (ii) speech and language pathologists and audiologists;\n (iii) occupational therapists;\n (iv) physical therapists;\n (v) social workers;\n (vi) nurses;\n (vii) dieticians or nutritionists;\n (viii) other persons designated by the commissioner who meet\nrequirements that apply to the area in which the person is providing\nearly intervention services, where not in conflict with existing\nprofessional licensing, certification and/or registration requirements.\n (b) persons holding a state approved license in one of the following\nfields:\n (i) psychologists; or\n (ii) physicians.\n 16. "Service coordinator" means a person who:\n (a) meets the qualifications established in federal law and regulation\nand demonstrates knowledge and understanding of:\n (i) infants and toddlers who may be eligible for services under this\ntitle;\n (ii) principles of family-centered services;\n (iii) part H of the federal individuals with disabilities education\nact and its corresponding regulations;\n (iv) the nature and scope of services available under this title; and\n (v) the requirements for authorizing and paying for such services and\nother pertinent information;\n (b) is responsible for:\n (i) assisting eligible children and their families in gaining access\nto services listed on the IFSP;\n (ii) coordinating early intervention services with other services such\nas medical and health services provided to the child;\n (iii) coordinating the performance of evaluations and assessments;\n (iv) participating in the development, monitoring and evaluation of\nthe IFSP;\n (v) assisting the parent in identifying available service providers;\n (vi) coordinating service delivery;\n (vii) informing the family of advocacy services;\n (viii) where appropriate, facilitating the transition of the child to\nother appropriate services; and\n (ix) assisting in resolving any disputes which may arise between the\nfamily and service providers, as necessary and appropriate; and\n (c) meets such other standards as are specified pursuant to section\ntwenty-five hundred fifty-one of this title.\n 17. "State early intervention service agencies" means the departments\nof health, education and social services and the offices of mental\nhealth and alcoholism and substance abuse services and the office for\npeople with developmental disabilities.\n 18. "Year" shall mean the twelve-month period commencing July first\nunless otherwise specified.\n