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LAW Home > Legal Topics > School and Learning > Early Intervention

What is Early Intervention? Is My Child Eligible?

 

If your child seems unable to do things that other children of the same age seem to be able to do, your child may have developmental delays. Developmental delays can include things such as not being able to walk, talk, or play with others in the same way that other children of the same age do. If you think your child may have developmental delays, you may look at examples of age appropriate developmental milestones online at Developmental Milestones (from Centers for Disease Control and Prevention).

What can I do if my child has a developmental delay?

If your child has a developmental delay and is three years old or younger, he or she may be eligible to receive early intervention services through the New Jersey Early Intervention System. Examples of early intervention services include physical therapy, speech therapy, occupational therapy, family counseling, health and medical services, and transportation.

Why are early intervention services important?

Children learn and develop the most in their early preschool years. Getting your child early intervention services as soon as possible may reduce the need for special education and other services later in life. Early intervention services may also help you and your family better understand and meet your child’s developmental and health-related needs.

Where do I bring my child to get early intervention services?

Children usually get early intervention services in a natural environment (a place where children of their age would usually be, such as their home). They may get their services in another location that might be better for their own personal needs.

How do I request early intervention services?

If you think your child may need early intervention services, you should call 1-888-653-4463 and request an evaluation. An evaluation will determine if your child qualifies for early intervention services. As part of the evaluation, people trained in early childhood development will look at your child’s medical history, development, and abilities. Doctors, day care providers, family, and friends may also call this number if they know a child who may need early intervention services.

What happens after I ask that my child be evaluated?

After you request that your child be evaluated, a service coordinator will be assigned to your case. The service coordinator will explain your rights and make sure that your needs are being met. If English is not your first language or you have problems hearing, your rights must be explained to you in your native language or sign language. The service coordinator also arranges your child’s evaluation and develops a written document called an Individualized Family Service Plan (IFSP), which explains the services your child will get. The evaluation and IFSP must be done within 45 days from the date your child is referred to the early intervention system.

How is my child evaluated? Do I have to give my consent?

Before an evaluation can be done, you must give your consent (permission). If you are not the child’s biological or adoptive parent, but you are his or her guardian, foster parent, or acting in the place of the child’s parent, you may also give consent.

Several people with professional training in different areas will do your child’s evaluation. The evaluation must look at all areas of your child’s development, such as talking, walking, and hearing. They will also review your child’s health history and medical records.

Families may also get what is called a family-directed assessment. This assessment looks at what your family needs to care for and meet the special needs of your child. You do not have to have this assessment in order to receive services.

How is eligibility determined?

Your child is eligible for early intervention services if he or she is under the age of three and has a developmental delay of at least 33% in one of the developmental areas listed below or at least 25% in two or more of the areas listed below.

  • Physical skills: Gross motor (large movement) skills, fine motor (small movement) skills, and sensory skills. Examples are walking, using hands to play, and hearing.
  • Learning skills: For example, thinking.
  • Language skills: The ability to talk (communicate).
  • Social or emotional skills: For example, playing or talking with other children and adults or interacting with physical surroundings.
  • Self-help skills: For example, dressing and feeding.

Your child will also be eligible if he or she has a diagnosed condition that is likely to result in a developmental delay—for example, Down Syndrome, Cerebral Palsy, and Autism Spectrum Disorders (ASD).

What happens if my child is eligible for services?

If your child is eligible, a meeting must be held to develop an IFSP. The meeting must include the services coordinator, you, at least one member of the evaluation team, service providers, and anyone else you choose to include. You have the right to be involved in all decisions concerning your child.

Some of the things an IFSP must include are:

  • A description of your child’s current functioning in all developmental areas;
  • Expected achieved outcomes for your child; and
  • A list of the early intervention services that your child needs. This list must also state where, how often, and for how long your child should get these services.

The service coordinator must explain the IFSP to you. You must give written consent before services can start. You may choose to consent to some services and not to others in the IFSP. The services that you have consented to must be provided to your child.

What happens if my child’s needs change?

Required IFSP review. An IFSP must be reviewed every six months. It may be reviewed more often if you make a request. The reason for the review is to make sure that the IFSP still meets your child’s needs. The review is done at a meeting or in any other way to which you agree.

Required evaluation meeting. There must also be an evaluation meeting once a year. This meeting must be at a time and place that is good for you and your family. The reason for this meeting is to review how well your child is doing and to decide if the IFSP should be changed. If English is not your first language or you have problems hearing, your rights must be explained to you in your native language or sign language.

Required meeting by age two. By the time your child turns two years old, the service coordinator must meet with you to talk about what will happen when your child turns three years old and will no longer be eligible to receive early intervention services. The people who give your child services should be at this meeting.

Additional required meeting before age three. With your consent, another meeting must be held at least 90 days (and no more than nine months) before your child turns three. The purpose of this meeting is to develop a plan for when your child turns three and is no longer eligible for early intervention services. At this meeting, you should talk about how to get support and services for your child when he or she turns three. The people who provide your child’s services and people from your school district who can discuss special education services should be at this meeting. Some, but not all, children who receive early intervention services are eligible for special education services when they turn three.

Do I have to pay for early intervention services?

Families with an income of less than 350% of the federal poverty level (less than $90,125 per year for a family of four in 2019) do not have to pay for early intervention services. A child may not be denied services because his or her family is not able to pay for them.

What if I don’t agree with the early intervention system?

You have the right to disagree with something that the early intervention system has done or wants to do. You may request mediation, a due process hearing, or a complaint investigation. Early Intervention: Your Rights as a Parent explains these options in more detail. If you request a due process hearing or a complaint investigation, your child must continue to receive services while the hearing or investigation takes place, unless you ask that he or she stop receiving those services. Requests for mediation, due process, and complaint investigations must be made in writing to:

New Jersey Department of Health and Senior Services
Office of Early Intervention Services
Procedural Safeguards Office
P.O. Box 364
Trenton, NJ 08625-0364
Toll Free: (877) 258-6585
Fax: (609) 292-0296

The Department of Health and Senior Services, Office of Early Intervention Services, has a request form for dispute resolution at their Procedural Safeguards page.

If you need further help or information, contact your service coordinator or the Procedural Safeguards Office at the address listed above.

Legal Services of New Jersey’s Education Representation Project

You may also contact Legal Services of New Jersey’s Education Representation Project by calling LSNJLAWSM, our statewide, toll-free legal hotline, at 1-888-LSNJ-LAW (1-888-576-5529).

For more information about early intervention, please see Early Intervention: Your Rights as a Parent.​​​​​