§ 2544 — Screening and evaluations

§ 2544. Screening and evaluations. 1. Each child thought to be an\neligible child is entitled to a multidisciplinary evaluation, and the\nearly intervention official shall ensure such evaluation, with parental\nconsent.\n 2. (a) The parent may select an evaluator from the list of approved\nevaluators as described in section twenty-five hundred forty-two of this\ntitle to conduct the evaluation. The parent or evaluator shall\nimmediately notify the early intervention official of such selection.\nThe evaluator may begin the evaluation no sooner than four working days\nafter such notification, unless otherwise approved by the initial\nservice coordinator.\n (b) the evaluator shall designate an individual as the principal\ncontact for the multidisciplinary team.\n (c) If, in consultation with the evaluator, the service coordinator\nidentifies a child that is potentially eligible for programs or services\noffered by or under the auspices of the office for people with\ndevelopmental disabilities, the service coordinator shall, with parent\nconsent, notify the office for people with developmental disabilities'\nregional developmental disabilities services office of the potential\neligibility of such child for said programs or services.\n 3. (a) To determine eligibility, an evaluator shall, with parental\nconsent, either (i) screen a child to determine what type of evaluation,\nif any, is warranted, or (ii) provide a multidisciplinary evaluation. In\nmaking the determination whether to provide an evaluation, the evaluator\nmay rely on a recommendation from a physician or other qualified person\nas designated by the commissioner.\n (b) If, based upon the screening, a child is believed to be eligible,\nor if otherwise elected by the parent, the child shall, with the consent\nof a parent, receive a multidisciplinary evaluation. All evaluations\nshall be conducted in accordance with the coordinated standards and\nprocedures and with regulations promulgated by the commissioner.\n 4. The evaluation of each child shall:\n (a) be conducted by personnel trained to utilize appropriate methods\nand procedures;\n (b) be based on informed clinical opinion;\n (c) be made without regard to the availability of services in the\nmunicipality or who might provide such services; and\n (d) with parental consent, include the following:\n (i) a review of pertinent records related to the child's current\nhealth status and medical history;\n (ii) an evaluation of the child's level of functioning in each of the\ndevelopmental areas set forth in paragraph (c) of subdivision seven of\nsection twenty-five hundred forty-one of this title;\n (iii) an assessment of the unique needs of the child in terms of each\nof the developmental areas set forth in paragraph (c) of subdivision\nseven of section twenty-five hundred forty-one of this title, including\nthe identification of services appropriate to meet those needs;\n (iv) an evaluation of the transportation needs of the child, if any;\nand\n (v) such other matters as the commissioner may prescribe in\nregulation.\n 5. An evaluation shall not include a reference to any specific\nprovider of early intervention services.\n 6. Nothing in this section shall restrict an evaluator from utilizing,\nin addition to findings from his or her personal examination, other\nexaminations, evaluations or assessments conducted for such child,\nincluding those conducted prior to the evaluation under this section, if\nsuch examinations, evaluations or assessments are consistent with the\ncoordinated standards and procedures.\n 7. Following completion of the evaluation, the evaluator shall provide\nthe parent and service coordinator with a copy of a summary of the full\nevaluation. To the extent practicable, the summary shall be provided in\nthe native language of the parent. Upon request of the parent, early\nintervention official or service coordinator, the evaluator shall\nprovide a copy of the full evaluation to such parent, early intervention\nofficial or service coordinator.\n 8. A parent who disagrees with the results of an evaluation may obtain\nan additional evaluation or partial evaluation at public expense to the\nextent authorized by federal law or regulation.\n 9. Upon receipt of the results of an evaluation, a service coordinator\nmay, with parental consent, require additional diagnostic information\nregarding the condition of the child, provided, however, that such\nevaluation or assessment is not unnecessarily duplicative or invasive to\nthe child, and provided further, that:\n (a) where the evaluation has established the child's eligibility, such\nadditional diagnostic information shall be used solely to provide\nadditional information to the parent and service coordinator regarding\nthe child's need for services and cannot be a basis for refuting\neligibility;\n (b) the service coordinator provides the parent with a written\nexplanation of the basis for requiring additional diagnostic\ninformation;\n (c) the additional diagnostic procedures are at no expense to the\nparent; and\n (d) the evaluation is completed and a meeting to develop an IFSP is\nheld within the time prescribed in subdivision one of section\ntwenty-five hundred forty-five of this title.\n 10. (a) If the screening indicates that the infant or toddler is not\nan eligible child and the parent elects not to have an evaluation, or if\nthe evaluation indicates that the infant or toddler is not an eligible\nchild, the service coordinator shall inform the parent of other programs\nor services that may benefit such child, and the child's family and,\nwith parental consent, refer such child to such programs or services.\n (b) A parent may appeal a determination that a child is ineligible\npursuant to the provisions of section twenty-five hundred forty-nine of\nthis title, provided, however, that a parent may not initiate such\nappeal until all evaluations are completed.\n 11. Notwithstanding any other provision of law to the contrary, where\na request has been made to review an IFSP prior to the six-month\ninterval provided in subdivision seven of section twenty-five hundred\nforty-five of this title for purposes of increasing frequency or\nduration of an approved service, including service coordination, the\nearly intervention official may require an additional evaluation or\npartial evaluation at public expense by an approved evaluator other than\nthe current provider of service, with parent consent.\n