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This entry was published on 2014-09-22
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Screening and evaluations
Public Health (PBH) CHAPTER 45, ARTICLE 25, TITLE 2-A
§ 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

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.

(c) If, in consultation with the evaluator, the service coordinator
identifies a child that is potentially eligible for programs or services
offered by or under the auspices of the office for people with
developmental disabilities, the service coordinator shall, with parent
consent, notify the office for people with developmental disabilities'
regional developmental disabilities services office of the potential
eligibility of such child for said programs or services.

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;

(v) such other matters as the commissioner may prescribe in

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

(b) the service coordinator provides the parent with a written
explanation of the basis for requiring additional diagnostic

(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.