View FileJune 19, 2009 to New York Department of Health, Bureau of Early Intervention Director, Bradley Hutton (MS Word)
June 19 2009Bradley Hutton, M.P.H., DirectorBureau of Early InterventionPart C CoordinatorState of New York Department of HealthCorning TowerThe Governor Nelson A. Rockefeller Empire State Plaza Albany, New York 12237Dear Mr. Hutton:This is in response to the November 4, 2008 letter from the New York Department of Health (NYDOH) to the Office of Special Education Programs (OSEP), which also referenced NYDOH's April 21, 2005 letter to OSEP. These two letters ("correspondence") requested clarification as to whether New York's respite service policy in 10 NYCRR 69-4.18 is consistent with the early intervention service (EIS) requirements of Part C of the Individuals with Disabilities Education Act (IDEA) and OSEP's Lester to Steele dated March 13, 2003. We apologize for the delay in Our reference in Letter to Steele that respite "may be necessary for some families to participate in appropriate early intervention activities" was cited as one example to differentiate respite from being "child-care or "baby-sitting" assistance in ordinary circumstances." As noted in that letter and in our regulations in 34 CFR 303.343, the participants in the IFSP meeting (including the child's parents) are responsible for identifying those Part C services that meet the unique developmental needs of each eligible child and the child's family related to enhancing their child's development. Under IDEA section 636(a)(1) and (2), the identification of EIS on a child's IFSP is based on an assessment of the child's needs and "a family-directed assessment of the resources, prioritiese 2 - Bradley Hutton, M.P.H., Director
