EIP Transition Guidance - Frequently Asked Questions and Answers

Age Eligibility

  1. Under Public Health Law (PHL), children are age-eligible for the EIP from birth through two years of age, unless the child has been determined eligible for services under Section 4410 of the Education Law before the child's third birthday. If a child is determined eligible for services under Section 4410 of the Education Law before his or her third birthday, the parent may choose to have the child continue to receive EIP services until he/she ages out, or transition the child to preschool special education programs and services.

    The specific date when a child is first eligible for preschool special education programs and services depends upon the month during which a child is born.

  2. Appendix H). The child may not re-enter the EIP at or after his or her third birthday. Similarly, if a child exits the EIP while eligibility for services under Section 4410 of the Education Law is pending, and the child is subsequently found eligible for these services after the child's third birthday, the child cannot re-enter the EIP.

    As always, to address areas of disagreement, or when the CPSE has not acted within the required timeframes, under Education Law, parents may pursue their due process rights to mediation, an impartial hearing, or a sixty-day State complaint (see page 16).

  3. Notification And Referral

  4. Transition Conference

  5. Transition Plan

  6. CPSE Evaluation Process

  7. Parents have the right to choose which records and reports, if any, are transmitted to the CPSE. Parents have the right to sign either a general release or selective release, which specifies by name or category those individuals to whom information may be disclosed.

  8. Section 4410(a)(2) of the Education Law requires that "the appropriately licensed or certified professional designated by the agency that has been charged with the responsibility for the preschool child pursuant to applicable federal laws relating to early intervention services shall attend all meetings of the committee conducted prior to the child's initial receipt of services pursuant to this section." This professional may be the municipal EIO, service coordinator, or a professional from the agency that has knowledge of the child's status, services received, and progress.

    Transition From the EIP to Preschool Special Education Programs and Services

  9. Special Education in New York State for Children Ages 3-21: A Parent's Guide, is also an important source of information for families. Parents may also be referred to the Early Childhood Direction Center (ECDC) serving the county in which the family resides (see Appendix B).

  10. is a requirement that insurance information be provided to the Early Intervention Official for purposes of reimbursement of EIP services.

  11. at the time the child is found eligible for preschool special education programs and services. In addition, the CPSE is responsible for explaining to the parent(s) the differences between the IEP and the IFSP (see pages 16 through 18 of this document for procedures that should be followed).