“The object of education is to prepare the young to educate themselves throughout their lives.”

Robert M. Hutchins


Posts Tagged ‘Early Intervention’


March 11th, 2011

When children leave the federal program of Early Intervention (E.I.) by virtue of their age, their parents are often faced problems concerning eligibility, services and programs recommended by their CPSE.  Below is a question from a client with just that issue:

“Our child is in Early Intervention (E.I.) as a result of her having a complex congenital syndrome.  She receives wonderful services and has an effective and busy home program with providers that we are very pleased with.  We are seeing real progress.  She turns three in May and ages out of the E.I. and has to enter CPSE.  We have learned through our E.I. service coordinator that our school district and the CPSE administrator assigned to our case is going to recommend that our daughter be placed in a center based program without any home services.  We strongly disagree with this. Is there such a thing as “pendency” for Early Intervention so that she can stay in EI for another year while we fight the CPSE?”

This is a complicated question that deals with eligibility, conflicts between school districts and something known as pendency.

For those of you that are not familiar with the term pendency it’s a stay put provision invoked and ordered when a parent (usually through their attorney) files for a due process/impartial hearing.  Simply put: During the course of the pending hearing and any subsequent appeal the child shall remain in his or her last agreed to placement (IEP).

The rules defining when a child ages out of the EI program are clear and governed by public health law.  A child ages out of E.I. on his or her third birthday, unless the child receiving EI services has been referred to the Committee on Preschool Special Education (CPSE) and determined to be eligible for preschool special education programs.  In these instances the child can continue to receive early intervention services if requested by the parent(s), but only as follows:

  • Children, who turn three years of age between January 1st and August 31, are eligible to continue receiving early intervention services until September 1st of that calendar year;
  • Children who turn three years of age between September 1st and December 31st are eligible to continue receiving early intervention services until January 2nd of the following calendar year.

There are absolutely no further extensions of E.I. services.  Sometimes a parent will argue a premature birth, but this does not apply only the actual recorded birth date governs.