The New York State Early Intervention Program (EIP) is part of the nationwide EIP.  Infants and Toddlers under the ages of 3 years old, who reside in New York State, that have a diagnosed disability with a high probability of developmental delays, or an established developmental delay are eligible.

A disability means that a child has a diagnosed physical or mental condition that has a high chance of resulting in a delay. These include, but are not limited to, Autism, Down syndrome, motor disorders, or vision and hearing problems. 

A developmental delay means that the child is behind in at least one area of development.  The delay as measured by tests must be at least a 33% or 12-month delay or a score of 2 standard deviations below the mean in one area of development, or a 25% delay or score of 1.5 standard deviations below the mean in at least 2 areas of development.

The developmental areas that are tested include:

Cognitive:  thinking, reasoning, learning

Physical:  fine motor, gross motor, vision, hearing, sensory and oral motor feeding and swallowing disorders

Communication: talking and understanding what others are saying

Social-Emotional: relating to others

Adaptive (self-help skills): sleeping, feeding, toileting, dressing

 

For children who have been found to have a delay only in the communication domain, delay shall be defined as a score of 2.0 standard deviations below the mean in the area of communication; or, if no standardized test is available or appropriate for the child, or the tests are inadequate to accurately represent the child's developmental level in the informed clinical opinion of the evaluator, a delay in the area of communication shall be a severe delay or marked regression in communication development as determined by specific qualitative evidence-based criteria articulated in clinical practice guidelines issued by the Department.

A child can be referred to the Early Intervention Program by various health professionals or by his/her parent(s). All children referred with a suspected disability are entitled to receive a multidisciplinary evaluation to determine their eligibility for early intervention services. Children with a diagnosed condition will still need an evaluation to help plan early intervention services.

Please see the Checklist for Growing Children at http://www.health.ny.gov/publications/0527.pdf  or in Spanish at http://www.health.ny.gov/publications/0528.pdf.  

An optional family directed assessment would include a review of several areas:

• A family's resources—the strengths, abilities, and support that a family can use to improve the child's development.
• A family's priorities—the outcomes the family most want from early intervention services.
• Family concerns—the problems or needs a family want to work on.

One of the first people you will meet in the Early Intervention Program is your Initial Service Coordinator (ISC). Your ISC will talk with you about your concerns for your child's development and answer any questions you have about the Early Intervention Program.

Your ISC will also:

• Review your family's rights and make sure you understand them.
• Talk with you about your child's evaluation and explain how the evaluation will help determine if your child is eligible for Early Intervention services.
• Give you a list of approved evaluation providers in your county and help you choose one that best meets your child's and family's needs.
• With your permission, help schedule your child's evaluation.
• Help arrange transportation to your child's evaluation if needed.
• Explain that Early Intervention services are provided at no cost to families.
• Provide you with the Parent Notice Regarding Insurance and answer any questions you may have.
• Collect information about your child's health insurance. Private health insurance is not billed for Early Intervention services. Instead, New York State uses a statewide funding program called the Covered Lives Pool to help pay for these services. If your child has Medicaid, Medicaid may still be billed for covered Early Intervention services.
• Explain how health insurance information is used and answer any questions you may have about the process.
• If your child does not have health insurance, your Service Coordinator will ask you to complete a Parent Attestation of No Health Insurance Form. This form simply lets the Early Intervention Program know that your child does not have health insurance coverage. 
• If your child does not have health insurance, help you learn about programs your family may qualify for, such as Medicaid or Child Health Plus. Applying for these programs is not required for your child to receive Early Intervention services.

If your child's evaluation shows that she or he is eligible for the EIP, your ISC will: 

• Answer your questions about the EIP,

• Set up a meeting to work on your Individualized Family Service Plan (IFSP), 

• Help you understand what this meeting will be like, who else must be there, and who can be invited, 

• Help you resolve any problems that might come up - including disagreements about the service(s) you and your child might need, 

• Give you information on other programs and services which can help your family, including, the NYS Office for People with Developmental Disabilities (OPWDD) eligibility and available programs and services, 

• Discuss with you and your child's evaluators whether your child is potentially eligible for programs and services under the OPWDD. With your consent, notify the appropriate OPWDD contact person of the potential eligibility of your child for OPWDD programs and services. If you are interested, your service coordinator will help you make a referral to OPWDD.
• If the EIP evaluation shows that your child is not eligible for the EIP, your ISC will tell you about other services that may help.
• If you disagree with the evaluation findings, you can appeal the decision.

See the Early Intervention Steps: A Parent's Basic Guide to the Early Intervention Program for more information.

The Early Intervention Program is required to collect health insurance information for every child. Even though private health insurance is not billed for Early Intervention services, this information is still collected as part of the enrollment process.

New York State uses a statewide funding program called the Covered Lives Pool to help pay for Early Intervention services. If your child has Medicaid, Medicaid may still be billed for covered Early Intervention services.

Early Intervention services are provided at no cost to families.

Only qualified professionals who are licensed, certified, or registered in their field and approved by New York State can provide Early Intervention services. These professionals include speech language pathologists, physical therapists, occupational therapists, nutritionists, and many others.

A complete list of qualified professionals can be found in the Early Intervention regulations, Section 69-4.1(al) on the Department of Health Bureau of Early Intervention website:

 Subpart 69-4 Early Intervention Program

The Individualized Family Service Plan, or IFSP, is a written plan that will be specially designed for you, your child, and your family that outlines and explains the EI services your child and family will receive. If the MDE shows that your child is eligible for the EIP, your ISC will set up an IFSP meeting to sit down and write your IFSP. The IFSP is a very important document and you are an important member of the team that develops it. If you need extra time to think about the plan, ask for it. You may want to discuss the plan with other family members or review it to make sure it meets the needs of your child and family. You will be asked to sign your IFSP when the plan is finished. When you sign the IFSP, you show that you were at the IFSP meeting and that you agree to the services in the plan. You are also giving your consent to start EI services.

If you and the IFSP team do not agree on the IFSP you do not have to sign the IFSP. You can give your written consent to start the services that you agree with, and exercise your due process rights to resolve the disagreement.

Your ISC will tell you about what happens at the IFSP meeting and help you prepare. Some important things you need to know about your IFSP meeting include:

• The IFSP meeting must be held at a time and place that is good for you and your family,
• You, your ISC, the Early Intervention Official (EIO) in your county, and evaluation team, or selected member of the team must take part in the meeting,
• You can invite others to attend the IFSP meeting, such as, family, friends, your babysitter, or child care providers,
• Your ISC can invite others to take part in the meeting, with your consent,
• You can ask an advocate to take part in the meeting,
• You, your ISC, your child's evaluators, and your EIO will review the information that has been collected about your child's development and will decide together how the EIP will help your child and family,
• Your family's resources, priorities and concerns related to your child's development will be discussed,
• You will help to identify outcomes (improvements you would like to see in your child's development) for your child and family,
• Strategies, activities, and services that will lead to the outcomes you hope to reach will be developed and written on the plan,
• Your need for respite services will be discussed, as appropriate, and determined based on the individual needs of your child and family. Respite services can be used for temporary relief of caregiving responsibilities that may be necessary for your child. Respite may be provided in the home or another appropriate location,
• To include a service in your IFSP, you and all members of the IFSP team must agree to the service,
• You may accept or decline any EI service without jeopardizing your child's right to receive any of the other EI services identified in the IFSP.

Your family's IFSP will include the following information:

• A statement of your child's current level of functioning,
• With your permission, a statement of your family's resources, priorities, and concerns related to your child's development,
• A statement of the major outcomes expected from EI services. IFSP outcomes must be meaningful and based on your child and family's needs and priorities,
• A statement of the EI services, including transportation, needed to meet your child's and family's needs,
• A plan for when your child is in day care, and when needed, for EI service providers to train the day care staff to meet the needs of your child,
• A physician's, physician's assistant's or nurse practitioner's order or prescription for EI services that require an order/prescription from specific medical professionals,
• A statement about other services, including medical services that are needed by your child and family that are not provided or paid for by the EIP,
• The dates that services are expected to begin as soon as possible after the IFSP meeting, once you have signed the plan and given your permission,
• The name of the ongoing service coordinator who will help you to put the plan into action,
• The steps to help your child and family change to other services, including preschool special education services. In the EIP, this is called transition planning,
• A statement of the natural environments where EI services will be provided. "Natural environment" means settings where infants and toddlers are typically found in the community. This can be your home or another community location, such as day care or at a playground.

Services should begin as soon as possible after you have given your consent for the EI services listed in the IFSP. Your EIO must convene a meeting at least annually to evaluate and, as necessary, revise the IFSP for your child and family. The EIO is also responsible for making sure the IFSP is reviewed every six months or more frequently if you request a review.

Please review the NYS Early Intervention program's flyer Working with Your IFSP Team for more information.

Services listed in the IFSP that are provided by nurses, occupational therapists, or physical therapists require a prescription before early intervention services can be provided. A written recommendation from a physician, nurse practitioner, or speech-language pathologist is needed for speech-language therapy.

The federal law that created the Early Intervention Program (EIP) says that EI services must be provided in natural environments as much as possible. Natural environments are settings where infants and toddlers, with and without special needs, and their families participate in everyday routines and activities that are important to them, and serve as important learning opportunities. Natural environments can include your home, places where child care is provided, playgrounds, restaurants, public transportation, libraries, supermarkets, places of worship, and other community settings. Natural environments are not just about places or locations, they are also about family routines and activities including family meals, bathing, bed time, family celebrations, household chores, and visiting family and friends. There may be some services that are provided at an agency or a school that specializes in EI services if this is the setting that is best for your child. Since natural environments are where children with or without special needs live, learn, play, and participate in community/neighborhood activities and events, this gives all children the chance to learn from one another.

Yes, children can receive services in a center-based program if agreed to by the parent and the Early Intervention Official/Designee, and if specified in the IFSP.

As part of your child's Multidisciplinary Evaluation (MDE), you will be given the chance to take part in a voluntary family directed assessment (FDA); it is not required. The family directed assessment is family-directed and used to help you in determining the resources, priorities, and concerns of your family related to caring for and enhancing your child's development; it is not a test of your parenting skills. The family directed assessment is based on information provided by you and your family in a personal one-to-one discussion with a member of your child's evaluation team. The family directed assessment can help you to think about what you need most from Early Intervention services and other community services or supports. It can also help you prepare for your Individualized Family Service Plan  (IFSP) meeting. 

 A family directed assessment includes a review of several areas:

• A family's resources—the strengths, abilities, and supports that a family can use to improve the child's development.
• A family's priorities—the outcomes the family most wants from early intervention services.
• Family concerns—the problems or needs a family wants to work on.

The family directed assessment is voluntary. All of the information that you share is kept private. You decide what information from the assessment should be included in the evaluation report, and discussed at your IFSP meeting.

There are two types of service coordinators. An Initial Service Coordinator (ISC) is assigned by your Early Intervention Official (EIO) to help guide you through the first steps of EIP enrollment. These include referral and through the development of an IFSP. The ISC will explain each step to you and help set up the necessary evaluations to see if your child is eligible. The Ongoing Service Coordinator (OSC) makes sure that you and your child receive the services that are listed in your IFSP. The OSC also helps you make changes to your IFSP when needed and makes sure your IFSP is reviewed on a regular basis. You will be asked to choose your OSC at your initial IFSP meeting.

 No, a service coordinator must meet certain qualifications and be approved by NYSDOH as an EIP service coordinator. Even if a family member had the qualifications, it would be a conflict of interest for a family member to be your service coordinator.

As a parent, you have an important role in your child's Early Intervention services. You have the right to be involved in every step of the process and to make decisions about your child's care.

Your rights include:

• Saying yes or no to having your child participate in the Early Intervention Program.
• Taking part in all decisions about your child's evaluation, services, and Individualized Family Service Plan (IFSP).
• Accepting or declining any Early Intervention service without affecting your child's ability to receive other approved services.
• Having meetings scheduled at a time and place that works for your family.
• Having your child's personal information kept private and confidential.
• Reviewing your child's Early Intervention records and asking for corrections if needed.
• Receiving written notice before the Early Intervention Official makes or refuses to make changes to your child's evaluation, eligibility, IFSP, or services.
• Sharing your thoughts and having your concerns heard if you disagree with a decision.
• Asking for mediation, an impartial hearing, or filing a systems complaint if you cannot resolve a disagreement about your child's Early Intervention services.

Your Service Coordinator will explain your rights, answer your questions, and help you understand the Early Intervention process. If you ever have questions or concerns, don't hesitate to ask your coordinator.

To learn more about your rights, the New York State Department of Health offers these helpful resources:

Early Intervention Steps: A Parent’s Basic Guide to the Early Intervention Program   https://www.health.ny.gov/publications/0532/

Information for Families  https://www.health.ny.gov/community/infants_children/early_intervention/families

Parents Questions and Answers   https://www.health.ny.gov/community/infants_children/early_intervention/parents_questions_and_answers

See Early Intervention Steps: A Parent's Basic Guide to the Early Intervention Program for more information. 

Mediation is a voluntary and confidential way to work out disagreements and complaints you may have about your child's early intervention services. Mediation is used to help you and your EIO reach an agreement as easily and quickly as possible. This is done through a mediator. Mediators are trained, certified, and assigned by the Community Dispute Resolution Center in your county. They are skilled in listening to all sides of a problem and in being fair. Mediators are not experts in early intervention. They are expert mediators who know about and understand the EIP.

Your mediator will meet with you and your EIO to discuss the issues involved and help you find answers. Both of you will have the chance to share your concerns about the early intervention services that need to be settled. The mediation process must be finished in 30 days of the time the Community Dispute Center receives the written request for mediation. Once mediation is finished, a written agreement is prepared describing what was agreed to and any outstanding issues. Your service coordinator will make sure this agreement is added to your IFSP. If the disagreement cannot be settled, your EIO should discuss with you another right you have, an impartial hearing. 

 See  Early Intervention Steps: A Parent's Basic Guide to the Early Intervention Program for more information.

Mediation Flyer

https://health.ny.gov/community/infants_children/early_intervention/docs/2022-2_ei_rack_card.pdf

Transition includes steps that help a child who is receiving early intervention services move on to the preschool special education program. Some children may continue on with other programs or services. Or it may be decided that a child may no longer need services. These steps happen as your child gets close to his or her third birthday.

A transition plan must be developed for all children leaving the EIP, including going to Preschool Special Education or other services, on or close to their third birthday. The transition plan should include any help, support, and services that you and your child might need to adjust to the change in services and make a smooth transition. Discussions of the transition plan should start with your child's first IFSP. Some children will no longer need any services. Other children and families may go on to early childhood programs or to other services in their community.

If you or someone else thinks that your child is eligible for preschool special education services, your service coordinator will notify the Committee on Preschool Special Education (CPSE) in your school district. You will have the opportunity to "opt-out" of the CPSE notification. The OSC cannot take this step if you object. 

Additional steps to transition include: 

• Your OSC must offer you a chance to have a transition conference. A transition conference is a meeting that is held with the chairperson of the CPSE (or his/her designee) to decide whether your child should be referred for preschool special education services. This meeting is called a transition conference. You may decide if you would like to have a transition conference or not have one. You will be asked to give your consent to your OSC for this conference to take place, 

• If you decline to have a transition conference, your OSC will provide you with written transition information, 

• If you consent to the transition conference, your OSC will arrange for the transition conference with you, the CPSE chairperson/designee, and other members of the IFSP team as invited. The transition conference should be held at least 90 days before your child is first eligible for services through the CPSE. Your OSC will provide you with information on when your child is first eligible for services through the CPSE, 

• Whether or not you choose to have a transition conference, you can decide to refer your child to the school district CPSE. Your OSC can help you to make this referral. You will need to refer your child in enough time for your child to be evaluated by the CPSE, and for the CPSE to make a decision about your child's eligibility for preschool special education before your child's third birthday. Otherwise, eligibility for EI services will end on the day before your child's third birthday.

You should notify your Ongoing Service Coordinator (OSC) that you will be moving. With your permission, your OSC will contact the EIP in the state or NYS county that you are moving to. The OSC will help you get services in that state or county.

An order form for EIP publications is available at the following link on NYSDOH's Web site: 

Early Intervention Publication Order Form.

Publications are free if you live in NYS.

Local numbers for your county Early Intervention Program or EIO can be found at the following link on NYSDOH's Web site: Municipal/County Contacts for the Early Intervention Program.

Some counties list provider names on their Web sites.  Also, you can request a copy of the NYS Central Directory for your area from the New York State Department of Health (NYSDOH). This directory lists everyone who can provide early intervention services in NYS.  

Please see  https://www.health.ny.gov/community/infants_children/early_intervention/service_providers/  and scroll down to the section titled 'Central Directory of Early Intervention Services and Resources' for more information.

The federal law that created the Early Intervention Program (EIP) says that EI services must be provided in natural environments as much as possible. Natural environments are settings where infants and toddlers, with and without special needs, and their families participate in everyday routines and activities that are important to them, and serve as important learning opportunities. Natural environments can include your home, places where child care is provided, playgrounds, restaurants, public transportation, libraries, supermarkets, places of worship, and other community settings. Natural environments are not just about places or locations, they are also about family routines and activities including family meals, bathing, bed time, family celebrations, household chores, and visiting family and friends. There may be some services that are provided at an agency or a school that specializes in EI services if this is the setting that is best for your child. Since natural environments are where children with or without special needs live, learn, play, and participate in community/neighborhood activities and events, this gives all children the chance to learn from one another.

In addition to mediation or an impartial hearing, another option for parents who are having problems with how the EIP is working is to file a system complaint. Some examples of problems include:

• Not having an IFSP completed within 45 days of a child's referral to the Early Intervention Official,

• Not having services delivered on time,

• Not getting the services listed in your IFSP,

• Providing services to a child when a parent hasn't given permission,

• Receiving services in places where there are health or safety concerns.

A system complaint can be filed if you believe that your EIO, service coordinator, evaluator or service provider is not doing his or her job under the law. To file a system complaint, you must write to the New York State Department of Health, Director of the Bureau of Early Intervention. You must also forward a copy of your complaint to your service coordinator, county Early Intervention Official, and any early intervention provider(s) who is the subject of the complaint. The Department of Health must investigate your complaint.

If you make a complaint to the Department of Health you will be contacted by Department of Health staff. You will be told how your complaint will be investigated. This may include interviewing you, any person named in the complaint, and others who may have helpful information about the complaint.

The Department of Health must finish its investigation within 60 days from the time it receives the complaint. You will receive a written response to your complaint upon completion of the investigation. This response will provide findings of the investigation, and specify any actions that must be taken. The Department of Health is responsible for making sure that all steps to correct the problem are taken.