Section 2545. Individualized family services plans ("IFSP")  


Latest version.
  • 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 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 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.