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Early Intervention Laws and Funding

The laws and funding for early intervention come from both a Federal and State level.

The Federal Mandate for Early Intervention

The early intervention system of services is provided under federal law, namely, the Individuals with Disabilities Education Act (IDEA). Part C of the IDEA provides the federal mandate for services for young children with special needs, from birth to three years of age. The Early Intervention Program is part of a national effort initiated by Congress through the passage of the Individuals with Disabilities Education Act (Public Law 99-457). The law created an entitlement to a wide range of rehabilitative services for infants and toddlers from birth to three years of age.

For more detailed information, see below.


Congress and Intent of Part C

Congress established the Early Intervention Program in 1986 in recognition of "an urgent and substantial need" to:

Enhance the development of infants and toddlers with disabilities
Reduce educational costs by minimizing the need for special education through early intervention
Minimize the likelihood of institutionalization, and maximize independent living
Enhance the capacity of families to meet their child's needs.

Note: The full text of the federal regulations that define the Early Intervention Program for Infants and Toddlers, including definition of services, can be viewed at http://www.nectac.org/default.asp


The State Mandate for Early Intervention in New York

On September 17, 1992, Governor Mario Cuomo signed the Early Intervention Bill (Chapter 428 of the Laws of 1992). This landmark legislation requires localities to offer early intervention services to infants and toddlers with developmental disabilities or delays. The New York State Department of Health coordinates the statewide network of services. Each State County has a lead agency responsible for implementing services to children who live in that geographic County. The program was set up in a manner that the insurance companies must pay for services, may not raise premiums because of services, and may not apply deductibles toward services – representing a commitment of New York State toward investing in the future of its children.

Information regarding the NY State Early Intervention Program may be viewed here



KidsKare's Early Intervention Program is funded and regulated by the New York State Department of Health; in New York City, by the New York City Department of Mental Health and Mental Hygiene. In NYC, call 3-1-1 to refer a child to Early Intervention or the Totline telephone number at: (800) 577-2229. All authorized services, including service coordination, evaluations and therapy, may be provided at no cost to parents, regardless of insurance coverage; in Orange County, by the Orange County Department of Health; in Westchester County, by the Westchester County Department of Health; in Suffolk County, by the Suffolk County Department of Health; in Nassau County, by the Nassau County Department of Health. In Nassau County, any services provided are based on the child’s needs as determined by the County Early Intervention Program; an early intervention official will determine the location and provider of any needed services. The Early Intervention Program is a statewide program administered by the New York State Department of Health, and in Nassau County, by the Nassau County Department of Health. In Nassau County, all children under age three years who may need Early Intervention Services must be referred to the Early Intervention Program directly at: 516-571-3749 to refer a child to an Early Intervention Official. For elsewhere in NY State, you may call the Growing Up Healthy 24-Hour Hotline 1-800-522-5006. All information and forms provided on this website are proprietary, and reside under strict copyright protection, and may not be copied or used in any manner without the expressed written permission of KidsKare, LLC. The EARLY INTERVENTION PROGRAM and early intervention services available through the Early Intervention Program are for children less than three years of age who have or are suspected of having a developmental delay and/or disability. The EARLY INTERVENTION PROGRAM is a public program funded by New York State and county governments. All children must be referred to the municipality to access EARLY INTERVENTION PROGRAM services, including the municipal agency’s telephone number. KidsKare is approved as a provider of EARLY INTERVENTION PROGRAM services and under contract with the aforementioned municipalities to deliver EARLY INTERVENTION PROGRAM services. All services provided under the EARLY INTERVENTION PROGRAM are provided at no out-of-pocket cost to parents, but that health insurance may be accessed for reimbursement for early intervention services provided to eligible children and their families. Eligibility for the EARLY INTERVENTION PROGRAM can be determined only by State-approved evaluators under contract with the municipality. If a child is found eligible for the EARLY INTERVENTION PROGRAM, all needed early intervention services are identified in collaboration with the parent and must be authorized by the municipality. The municipality will arrange for service providers, considering the individual needs of the child and family, to deliver services authorized by the municipality. When early intervention services are delivered in child care settings or community locations that require a fee, the parent is responsible for paying any associated costs with such access to child care or community locations. Eligibility for the EARLY INTERVENTION PROGRAM can be determined only through a multidisciplinary evaluation conducted by a State-approved EARLY INTERVENTION PROGRAM evaluator under contract with the municipality, and that such evaluation must be obtained through a referral to the appropriate municipal agency responsible for local administration of the NYS EARLY INTERVENTION PROGRAM; if the parent objects to referral of the child to such municipal agency, the provider is obligated to maintain written documentation of the parent’s objection to the referral and actions taken to follow-up with the parent, provide the parent with the name and telephone number of the early intervention official, and within two months, follow- up with the parent and if appropriate, refer the child unless the parent objects, the municipality is responsible for arranging for delivery of services listed in an IFSP with an appropriate provider, in accordance with the individualized needs of the child and family. Selection of an evaluator to conduct the multidisciplinary evaluation of the potentially eligible child after the child has been referred to the municipality. KidsKare does not in any way engage in the following: request by the child’s parent(s) to the municipality for the provider to deliver EARLY INTERVENTION PROGRAM services to the child and family; a request by the family’s service coordinator, evaluator, or other EARLY INTERVENTION PROGRAM provider to the municipality for the provider to deliver EARLY INTERVENTION PROGRAM services to the child and family; payment, performance evaluations, or other awards or benefits for employees or subcontractors of State-approved EARLY INTERVENTION PROGRAM providers (i.e., payments or bonuses by an agency for its employees or subcontractors that are based on the number of referrals and/or services received).