2006 New York Code - Definitions.

 
    §  2541.  Definitions. As used in this title the following terms shall
  have  the  following  meanings,  unless  the  context  clearly  requires
  otherwise:
    1.  "Children  at risk" means children who may experience a disability
  because of  medical,  biological  or  environmental  factors  which  may
  produce  developmental  delay, as determined by the commissioner through
  regulation.
    2.  "Coordinated  standards  and  procedures"  means   standards   and
  procedures  developed  by  state  early  intervention  service  agencies
  pursuant to section twenty-five hundred fifty-one of this title.
    3.  "Council"  means  the  early  intervention  coordinating   council
  established under section twenty-five hundred fifty-three of this title.
    4.   "Developmental  delay"  means  that  a  child  has  not  attained
  developmental milestones expected for the child's chronological age,  as
  measured   by   qualified  professionals  using  appropriate  diagnostic
  instruments and/or procedures and informed clinical opinion, in  one  or
  more  of  the  following  areas  of  development:  cognitive,  physical,
  communication, social or emotional, or adaptive.
    5. "Disability" means:
    (a) a developmental delay; or
    (b)  a  diagnosed  physical  or  mental  condition  that  has  a  high
  probability  of  resulting in developmental delay, such as Down syndrome
  or other chromosomal abnormalities, sensory impairments,  inborn  errors
  of metabolism or fetal alcohol syndrome.
    6.  "Early  intervention  official"  means  an  appropriate  municipal
  official designated by the chief executive officer of a municipality and
  an appropriate designee of such official.
    7. "Early intervention services" means developmental services that:
    (a) are provided under public supervision;
    (b) are selected in collaboration with the parents;
    (c) are designed to meet a child's developmental needs in any  one  or
  more of the following areas:
    (i) physical development, including vision and hearing,
    (ii) cognitive development,
    (iii) communication development,
    (iv) social or emotional development, or
    (v) adaptive development;
    (d) meet the coordinated standards and procedures;
    (e) are provided by qualified personnel;
    (f) are provided in conformity with an IFSP;
    (g)  are,  to  the  maximum  extent  appropriate,  provided in natural
  environments, including the home and community settings  where  children
  without disabilities would participate;
    (h) include, as appropriate:
    (i)  family  training,  counseling,  home  visits  and  parent support
  groups,
    (ii) special instruction,
    (iii) speech pathology and audiology,
    (iv) occupational therapy,
    (v) physical therapy,
    (vi) psychological services,
    (vii) case management  services,  hereafter  referred  to  as  service
  coordination services,
    (viii) medical services for diagnostic or evaluation purposes, subject
  to  reasonable  prior  approval requirements for exceptionally expensive
  services, as prescribed by the commissioner,
    (ix) early identification, screening, and assessment services,
    (x) health services necessary to  enable  the  infant  or  toddler  to
  benefit from the other early intervention services,
    (xi) nursing services,
    (xii) nutrition services,
    (xiii) social work services,
    (xiv) vision services,
    (xv) assistive technology devices and assistive technology services,
    (xvi)  transportation and related costs that are necessary to enable a
  child and the child's family to receive early intervention services, and
    (xvii) other appropriate services approved by the commissioner.
    (i) are cost-effective.
    8. (a) "Eligible child" means an infant or toddler from birth  through
  age two who has a disability; provided, however, that any toddler with a
  disability  who  has been determined to be eligible for program services
  under section forty-four hundred ten of the education law and:
    (i) who turns three years of age on or before the thirty-first day  of
  August  shall,  if requested by the parent, be eligible to receive early
  intervention services contained in  an  IFSP  until  the  first  day  of
  September of that calendar year; or
    (ii)  who  turns  three  years  of  age  on  or after the first day of
  September shall, if requested by the parent  and  if  already  receiving
  services  pursuant to this title, be eligible to continue receiving such
  services until the second day of January of the following calendar year.
    (b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
  subdivision,   a   child  who  receives  services  pursuant  to  section
  forty-four hundred ten of the education law shall  not  be  an  eligible
  child.
    9.  "Evaluation"  means  a  multidisciplinary  professional, objective
  assessment conducted by appropriately qualified personnel and  conducted
  pursuant  to  section  twenty-five  hundred  forty-four of this title to
  determine a child's eligibility under this title.
    10. "Evaluator" means a team of two  or  more  professionals  approved
  pursuant  to  section  twenty-five  hundred  fifty-one  of this title to
  conduct screenings and evaluations.
    11. "IFSP" means the individualized family  service  plan  adopted  in
  accordance with section twenty-five hundred forty-five of this title.
    12.  "Lead  agency"  means the department of health, the public agency
  responsible for the administration of the early intervention  system  in
  collaboration with the state early intervention service agencies.
    13.  "Municipality" means a county outside the city of New York or the
  city of New York in the case of a county contained within  the  city  of
  New York.
    13-a. Subject to federal law and regulations, "natural environment" or
  "natural  setting"  means  a  setting  that is natural or normal for the
  child's age peers who have no disability.
    14. "Parent" means parent or person in parental relation to the child.
  With respect to a child who has  no  parent  or  person  in  a  parental
  relation, "parent" shall mean the person designated to serve in parental
  relation  for the purposes of this title, pursuant to regulations of the
  commissioner promulgated in consultation with the commissioner of social
  services for children in foster care.
    15. "Qualified personnel" means:
    (a) persons  holding  a  state  approved  or  recognized  certificate,
  license or registration in one of the following fields:
    (i) special education teachers;
    (ii) speech and language pathologists and audiologists;
    (iii) occupational therapists;
    (iv) physical therapists;
    (v) social workers;
    (vi) nurses;
    (vii) dieticians or nutritionists;
    (viii)   other   persons  designated  by  the  commissioner  who  meet
  requirements that apply to the area in which  the  person  is  providing
  early  intervention  services,  where  not  in  conflict  with  existing
  professional licensing, certification and/or registration requirements.
    (b) persons holding a state approved license in one of  the  following
  fields:
    (i) psychologists; or
    (ii) physicians.
    16. "Service coordinator" means a person who:
    (a) meets the qualifications established in federal law and regulation
  and demonstrates knowledge and understanding of:
    (i)  infants  and toddlers who may be eligible for services under this
  title;
    (ii) principles of family-centered services;
    (iii) part H of the federal individuals  with  disabilities  education
  act and its corresponding regulations;
    (iv) the nature and scope of services available under this title; and
    (v)  the requirements for authorizing and paying for such services and
  other pertinent information;
    (b) is responsible for:
    (i) assisting eligible children and their families in  gaining  access
  to services listed on the IFSP;
    (ii) coordinating early intervention services with other services such
  as medical and health services provided to the child;
    (iii) coordinating the performance of evaluations and assessments;
    (iv)  participating  in  the development, monitoring and evaluation of
  the IFSP;
    (v) assisting the parent in identifying available service providers;
    (vi) coordinating service delivery;
    (vii) informing the family of advocacy services;
    (viii) where appropriate, facilitating the transition of the child  to
  other appropriate services; and
    (ix)  assisting  in resolving any disputes which may arise between the
  family and service providers, as necessary and appropriate; and
    (c) meets such other standards as are specified  pursuant  to  section
  twenty-five hundred fifty-one of this title.
    17.  "State early intervention service agencies" means the departments
  of health, education and social  services  and  the  offices  of  mental
  health,  mental retardation and developmental disabilities and office of
  alcoholism and substance abuse services.
    18. "Year" shall mean the twelve-month period  commencing  July  first
  unless otherwise specified.