Part C Extension Option (for Services Beyond Age 3)

The requirements for the IDEA Part C Extension Option are set forth in the following:

Individuals with Disabilities Education Act (IDEA)

• 20 U.S.C. §1432(5)(B)(ii) — Infant or toddler with a disability
• 20 U.S.C. §1435(c) — Flexibility to serve children 3 years of age until entrance into elementary school
• 20 U.S.C. §1443(e) — Reservation for State incentive grants

Part C Regulations

• 34 CFR §303.21 — Infant or toddler with a disability
• 34 CFR §303.209 — Transition to preschool and other programs
• 34 CFR §303.211 — State option to make services under this part available to children ages three and older
• 34 CFR §303.344(h) — Transition from Part C services
• 34 CFR §303.501(d) — Permissive use of funds by the lead agency

The State Part C Lead agency develops a joint policy with OSEP and Part B colleagues.

The State and the Part B, Section 619 program work collaboratively with OSEP to demonstrate commitment to—and jointly develop—a policy supporting the Part C Extension Option under.

• 34 CFR §303.211(a)(1) — General

Both the State Part C Lead Agency, Part B Section 619 State Educational Agency, and OSEP must work collaboratively and demonstrate commitment to jointly develop policy. This partnership is critical to implementation of the Part C Extension Option.

The State includes these policies the annual Part C grant application.

If the State is implementing—or plans to implement—the IDEA Part C Extension Option, it must indicate so in Section II. A. 13 of the State's annual IDEA Part C grant application. Before the application, the State should review—and possibly revise—their policies, procedures, and interagency agreements under the following:

• Section II. A. 3a — System of Payments (SOP)
• Section II. A. 3b — Methods
• Section II. A. 9 — Transition Policies and Agreement

These policies must also be approved by OSEP before implementation, and also subject to public participation requirements under 34 CFR §303.208.

Children recieving early intervention services that are eligible for preschool special education can continue early intervention services if the family chooses the option.

The State can choose to allow families to choose to continue early intervention services for a child beyond age 3 until the child enters—or is eligible to enter—kindergarten or elementary school.

• 34 CFR §303.211(a)(1) — General

The State policy defines the maximum duration early intervention services will be extended.

The State must choose one of the following three Part C Extension Options:

1. from age 3 until the beginning of the school year after the child reaches age 3;
2. from age 3 until the beginning of the school year after the child reaches age 4; or
3. from age 3 until the beginning of the school year after the child reaches age 5.

• 34 CFR §303.211(a)(1) — General

The State must clearly indicate what subset age range it proposes to serve under the Part C Extension Option, and can't provide services after the age at which the child actually enters—or is eligible to enter—kindergarten or elementary school under state law.

Notify the families of procedural safeguards that apply.

The State must make clear which procedural safeguards apply, and clarify dispute resolution procedures for Part B, Section 619 Eligibility decisions, and all other issues regarding the Part C Extension Option.

The Part C lead agency continues to provide early intervention services identified in the child's IFSP.

This includes services provided under the following:

• §303.211(b)(2) — State option to make services under this part available to children ages three and older
• §303.342(e) — Parental consent
• §303.344 — Content of an IFSP

Services can continue to be provided beyond age 3, until the child's eligibility determination for preschool special education services is made. This provision does not apply if the Local Educational Agency (LEA) has not received parental consent for initial evaluation.

To continue early intervention services, the lead agency must obtain informed consent from the parent before the child reaches age 3, where practicable.

• 34 CFR §300.300(a) — Parental consent
• 34 CR §300.306 — Determination of eligibility

Parent notice should provide an explanation of the dispute resolution procedures for Part B, Section 619 eligibility and all other issues regarding the Part C Extension Option.

The description of parental rights includes electing to receive Free Appropriate Public Education (FAPE) under Part B services at any time. State must clarify that if a child exits Part C services to receive FAPE under IDEA Part B, the child cannot return to receiving early intervention services.

Provide families an explanation of the differences between early intervention and preschool special education services.

This explanation must include service coordination and core Part C services, noting that Part C services are provided to the child and family—which is not the case for Part B services. Other information must also be shared with families, for example, types and location of services.

The State must include an explanation of Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) and early intervention services in natural environments, including the home and community settings with nondisabled peers.

The description should also address Extended School Year (ESY) services under Part B, Section 619.

• 34 CFR §303.211(b) — Requirements

Services provided that promote school readiness and incorporate preliteracy, language, and numeracy skills.

IFSP content requirements reflect these are as defined under the following:

• 34 CFR §303.211(b)(2) — Requirements
• 34 CFR §303.344(d) — Early intervention services

Ensure transition requirements are met.

Transition requirements apply to children receiving services under Part C before reaching age 3, including any those served by a State offering the Part C Extension Option.

• 34 CFR §303.209(f) — Applicability of transition requirements

Explain any differences due to State SOP policies to families.

The policy must clarify what parts (public insurance, benefits, private insurance, or family fees) of the State's system of payments on file for Part C apply under the following:

• 34 CFR §303.211(b)(1)(ii)(C) — Requirements
• 34 CFR §303.520 — Policies related to use of public benefits or insurance or private insurance to pay for Part C services
• 34 CFR §303.521 — System of payments and fees

Report the number and percentage of families who use the Part C Extension Option.

The State must submit include the number and percentage of children with disabilities who are eligible for services under Part B, Section 619, but whose parents choose to continue to receive early intervention services in their application, as described in the following:

• 34 CFR §303.124 — Data collection
• 34 CFR §303.205 — Description of use of funds
• 34 CFR §303.211(c) — Reporting requirement
• 34 CFR §303.501 — Permissive use of funds by the lead agency