2006 New York Code - Screening And Evaluations.

 
    §  2544.  Screening  and  evaluations.  1. Each child thought to be an
  eligible child is entitled to a multidisciplinary  evaluation,  and  the
  early  intervention official shall ensure such evaluation, with parental
  consent.
    2. (a) The parent may select an evaluator from the  list  of  approved
  evaluators as described in section twenty-five hundred forty-two of this
  title   to  conduct  the  evaluation.  The  parent  or  evaluator  shall
  immediately notify the early intervention official  of  such  selection.
  The  evaluator may begin the evaluation no sooner than four working days
  after such  notification,  unless  otherwise  approved  by  the  initial
  service coordinator.
    (b)  the  evaluator  shall  designate  an  individual as the principal
  contact for the multidisciplinary team.
    3. (a) To determine eligibility, an  evaluator  shall,  with  parental
  consent, either (i) screen a child to determine what type of evaluation,
  if any, is warranted, or (ii) provide a multidisciplinary evaluation. In
  making the determination whether to provide an evaluation, the evaluator
  may  rely on a recommendation from a physician or other qualified person
  as designated by the commissioner.
    (b) If, based upon the screening, a child is believed to be  eligible,
  or if otherwise elected by the parent, the child shall, with the consent
  of  a  parent,  receive  a multidisciplinary evaluation. All evaluations
  shall be conducted in accordance  with  the  coordinated  standards  and
  procedures and with regulations promulgated by the commissioner.
    4. The evaluation of each child shall:
    (a)  be  conducted by personnel trained to utilize appropriate methods
  and procedures;
    (b) be based on informed clinical opinion;
    (c) be made without regard to the  availability  of  services  in  the
  municipality or who might provide such services; and
    (d) with parental consent, include the following:
    (i)  a  review  of  pertinent  records  related to the child's current
  health status and medical history;
    (ii) an evaluation of the child's level of functioning in each of  the
  developmental  areas  set forth in paragraph (c) of subdivision seven of
  section twenty-five hundred forty-one of this title;
    (iii) an assessment of the unique needs of the child in terms of  each
  of  the  developmental  areas  set forth in paragraph (c) of subdivision
  seven of section twenty-five hundred forty-one of this title,  including
  the identification of services appropriate to meet those needs;
    (iv)  an  evaluation of the transportation needs of the child, if any;
  and
    (v)  such  other  matters  as  the  commissioner  may   prescribe   in
  regulation.
    5.  An  evaluation  shall  not  include  a  reference  to any specific
  provider of early intervention services.
    6. Nothing in this section shall restrict an evaluator from utilizing,
  in addition to findings from his  or  her  personal  examination,  other
  examinations,  evaluations  or  assessments  conducted  for  such child,
  including those conducted prior to the evaluation under this section, if
  such examinations, evaluations or assessments are  consistent  with  the
  coordinated standards and procedures.
    7. Following completion of the evaluation, the evaluator shall provide
  the  parent and service coordinator with a copy of a summary of the full
  evaluation. To the extent practicable, the summary shall be provided  in
  the  native  language  of  the parent. Upon request of the parent, early
  intervention  official  or  service  coordinator,  the  evaluator  shall
  provide a copy of the full evaluation to such parent, early intervention
  official or service coordinator.
    8. A parent who disagrees with the results of an evaluation may obtain
  an  additional evaluation or partial evaluation at public expense to the
  extent authorized by federal law or regulation.
    9. Upon receipt of the results of an evaluation, a service coordinator
  may, with parental consent, require  additional  diagnostic  information
  regarding  the  condition  of  the  child,  provided, however, that such
  evaluation or assessment is not unnecessarily duplicative or invasive to
  the child, and provided further, that:
    (a) where the evaluation has established the child's eligibility, such
  additional diagnostic  information  shall  be  used  solely  to  provide
  additional  information  to the parent and service coordinator regarding
  the child's need for  services  and  cannot  be  a  basis  for  refuting
  eligibility;
    (b)  the  service  coordinator  provides  the  parent  with  a written
  explanation  of  the   basis   for   requiring   additional   diagnostic
  information;
    (c)  the  additional  diagnostic  procedures  are at no expense to the
  parent; and
    (d) the evaluation is completed and a meeting to develop  an  IFSP  is
  held   within   the  time  prescribed  in  subdivision  one  of  section
  twenty-five hundred forty-five of this title.
    10. (a) If the screening indicates that the infant or toddler  is  not
  an eligible child and the parent elects not to have an evaluation, or if
  the  evaluation  indicates that the infant or toddler is not an eligible
  child, the service coordinator shall inform the parent of other programs
  or services that may benefit such child, and  the  child's  family  and,
  with parental consent, refer such child to such programs or services.
    (b)  A  parent  may  appeal a determination that a child is ineligible
  pursuant to the provisions of section twenty-five hundred forty-nine  of
  this  title,  provided,  however,  that  a  parent may not initiate such
  appeal until all evaluations are completed.
    11. Notwithstanding any other provision of law to the contrary,  where
  a  request  has  been  made  to  review  an  IFSP prior to the six-month
  interval provided in subdivision seven of  section  twenty-five  hundred
  forty-five  of  this  title  for  purposes  of  increasing  frequency or
  duration of an approved service,  including  service  coordination,  the
  early  intervention  official  may  require  an additional evaluation or
  partial evaluation at public expense by an approved evaluator other than
  the current provider of service, with parent consent.