Part C Extension Option (for Services Beyond Age 3)

The State must include a State policy in its grant application.

The policy must be developed and implemented jointly by the lead agency and SEA.

• 34 CFR §303.211 — State option to make services under this part available to children ages three and older

The State must include its authority for extending the eligibility for infants and toddlers beyond age three.

• IDEA Section 632(5)(B) — (U.S.C. §1432(5)(B))
• 34 CFR §303.21(c) — Infant or toddler with a disability
• 34 CFR §303.211(a) — State option to make services under this part available to children ages three and older

The State must clearly indicate what subset age range it proposes to serve under the Part C Extension Option.

Choose one of the following:

• From age 3 until the beginning of the school year after the child reaches age 3;
• From age 3 until the beginning of the school year after the child reaches age 4; or
• From age 3 until the beginning of the school year after the child reaches age 5.

The Part C Extension Option can't provide services once a child enters—or is eligible to enter—kindergarten or elementary school.

• 34 CFR §303.211(a)(1) — State option to make services under this part available to children ages three and older

The State lead agency must obtain informed consent from the parent of any child with a disability for the continuation of early intervention services.

Consent must be obtained before the child reaches three years of age, where practicable.

• 34 CFR §303.211(b) — State option to make services under this part available to children ages three and older
• 34 CFR §303.342(e) — Parental consent

The State must make clear which procedural safeguards apply for the eligibility determination under IDEA section 619.

The notice must:

• Explain the specific IDEA dispute resolution applicable for Part B, Section 619 Eligibility, and all other issues regarding the extension option;
• Include a description of parental rights which specifies parental rights to elect to receive Free Appropriate Public Education (FAPE) under Part B services at any time; and
• Clarify that if a child exits from the IDEA Part C Extension Option to receive FAPE under IDEA Part B, the child cannot return to IDEA Part C.

• 34 CFR §300.300(a) — Parental consent for initial evaluation
• 34 CFR §300.306 — Determination of eligibility

The Part C lead agency must continue to provide all early intervention services identified in the toddler with a disability's IFSP.

This includes IFSP services consented to by the parent beyond age three until that toddler's initial eligibility determination under Part B. This provision does not apply if the LEA has requested parental consent for the initial evaluation and the parent has not provided that consent.

• 34 CFR §303.211(b)(4) — State option to make services under this part available to children ages three and older
• 34 CFR §303.344 — Contents of an IFSP

The State must provide families with an explanation of the differences between early intervention and preschool special education services.

This explanation must:

• Include differences between Part B and Part C (for example, types of services and location of service)
• Explain service coordination and the core Part C services;
• Note that Part C services are provided to the child and family—which is not the case for Part B services;
• Explain 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; and
• Address Extended School Year (ESY) services under Part B, Section 619.

• 34 CFR §303.211(b) — Requirements

The State must 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

The State must provide services that promote school readiness and incorporate preliteracy, language, and numeracy skills.

• 34 CFR §303.344(d) — Early intervention services

The State must explain any differences due to State SOP policies to families.

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

• 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

The State must report the number and percentage of families who use the Part C Extension Option.

Report 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 to OSEP.

• 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

See also: Federal Reporting on Child Outcomes and the Part C Extension Option