In order to qualify for intervention services funded through the NYC Department of Health (for children 0-3 years) or the NYC Department of Education (for children 3+ years), your child must complete a government-funded evaluation and present with significant developmental delays and/or a diagnosis of an exceptional condition. A school-age child is given an educational classification by the NYC Department of Education dependent on a child’s diagnosis and developmental functioning.
A developmental delay is considered a 12+ month delay in one or more areas of child development, including:
- adaptive (self-help and self-care)
- cognitive (thinking and learning)
- physical (vision, hearing and movement)
- social-emotional (social and behavioral skills)
- speech and communication (comprehension and use of language)
Your child will qualify for government-funded intervention services if s/he has a 33% delay in one of these areas of development, or a 25% delay in two or more of these areas. In the case of delays in speech and communication, a child must present with a score of 2.0 standard deviations below the mean.
Diagnosis of an exceptional condition assumes significant behavioral, learning, neurological and/or physical differences experienced by a child in comparison to average-functioning peers. Your child will qualify for government-funded intervention services if diagnosed with:
- Autism
- Deafness
- Deaf-Blindness
- Emotional Disturbance
- Hearing Impairment
- Intellectual Disability
- Learning Disability
- Multiple Disabilities
- Orthopedic Impairment
- Other Health Impairment
- Speech or Language Impairment
- Traumatic Brain Injury
- Visual Impairment
What happens if My Child Does Not Qualify for Government-funded Intervention Services?
If your child does not present with significant developmental delays and has not been given a diagnosis, intervention services are not eligible through the NYC Department of Health and NYC Department of Education.
If your child does not meet the criteria of government-funded eligibility but is experiencing mild developmental delays, intervention can be sought with a private practitioner, at least until your child can be re-evaluated. Parents/guardians may request a re-evaluation through the NYC Departments of Health and Education after 6 months from the date of the most recent government-led evaluation of your child.
How Do I Contest the Results of My Child’s Government-funded Evaluation?
If you disagree with the results of your child’s evaluation conducted by the NYC Department of Health or NYC Department of Education, you have the right to request mediation. A mediator assists both sides in reaching a mutually agreeable plan for a child. A mediator does not, however, make any decisions on a case.
There is no cost for a mediation meeting. A mediator will be assigned by your local Community Dispute Resolution Center. The mediation process can take up to 3 months to complete. In the interim, government-funded intervention services will not commence.
You also have the option to hire a special needs attorney to assist in your case. You can hire a lawyer before or after initiating the mediation process. If mediation is unsuccessful, then a lawyer can request an Impartial Hearing on your behalf. During an impartial hearing, testimony is recorded, and a hearing officer makes a decision based on the merits of evidence presented by both parties. Your lawyer can also appeal the decision if unfavorable to your family.