Appendix M - Relevant Sections of Public Health Law


Definition of Eligible Child – Public Health Law Section 2541(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; 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.)   Not withstanding the provisions of paragraph (a) of this subdivision, a child who receives services pursuant to section forty-four hundred ten of education law shall not be an eligible child.


Transition Plan – Public Health Law Section 2548

To the extent that a toddler with a disability is thought to be eligible for services pursuant to section forty-four ten of education law, the early intervention official shall notify in writing the committee on preschool special education of the local school district in which an eligible child resides of the potential transition of such child, and, with parental consent, arrange for a conference among the service coordinator, the parent, and the chairperson of the preschool committee on special education or his or her designee at least ninety days before such child would be eligible for services under section forty-four ten of education law to review the child’s program options and to establish a transition plan, if appropriate.  If a parent does not consent to a conference with the service coordinator and the chairperson of the preschool committee on special education or his or her designee to section forty-four ten of the education law, and the child is not determined to be eligible by the committee on preschool special education for such services prior to the child’s third birthday, the child’s eligibility for early intervention program services shall end at the child’s third birthday.