ECTA Center: Part C Extension Option (for Services Beyond Age 3) (original) (raw)

The Part C Extension Option provides flexibility for states to extend IDEA Part C early intervention services for children with disabilities who are eligible for services under Part B.

Implementing the Part C Extension Option

If a State is implementing—or plans to implement—the Part C Extension Option, it must indicate so in Section II. A. 13 of their annual IDEA Part C grant application. However, both the State Part C Lead Agency, and Part B, Section 619 State Educational Agency must work with OSEP to develop a joint policy supporting the Part C Extension Option.

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.

If the appropriation for Part C exceeds $460 million, the Department of Education reserves funds to award State Incentive Grants (SIGs) to States implementing the Part C Extension Option. To receive a SIG award, your State must describe how award funds will be used in a separately submitted Section III, consistent with the following:

34 CFR §303.205 — Description of use of funds
34 CFR §303.501(d) — Permissive use of funds by the lead agency
34 CFR §303.734 — Reservation for State incentive grants

States' ability to offer the Part C Extension Option is not dependent on the availability or acceptance of a SIG award.

Statute and Regulations

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

Individuals with Disabilities Education Act (IDEA)

IDEA Section 635(c) — Flexibility to serve children 3 years of age until entrance into elementary school (20 U.S.C. §1435(c))
IDEA Section 642 — Infant or toddler with a disability (20 U.S.C. §1432(5)(B)(ii))
IDEA Section 643(e) — Reservation for State incentive grants (20 U.S.C. §1443(e))

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

OSEP IDEA Part C Policy Checklist Section II A 13: Part C Extension Option (2022)

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Joint Policy

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

Procedural Safeguards

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

Written Notification to Parents

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

Individualized Family Service Plan (IFSP)

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

System of Payments (SOP)

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

Data Reporting Requirements

State Information and Resources

States are listed in descending chronological order from when they first adopted the Part C Extension Option.

Colorado (2022)

Program: Colorado Extended Part C Option
Implemented: 2022
Part C Extension Option: Until the start of the school year following the child's third birthday
Resources:

Tennessee (2022)

Program: Tennessee Early Intervention Services (TEIS) Extended Option
Implemented: 2022
Part C Extension Option: Until the beginning of the school year following the child's fifth birthday
Resources:
- TEIS Extended Option Policy (2024)
- TEIS Extended Option: What Families Need to Know (2023)
  * What Families Need to Know (English)
  * Lo Que las Familias Deben Saber (Spanish)
- TEIS Extended Option One pager (2023)
- TEIS Pathway One Pager (2023)
- Supporting Family Decision-Making One Pager (2023)

More resources—including presentations for families and providers—are available from the TEIS Extended Option website.

State Strategies for Seamless Service Delivery and Transition Implementing the Part C Extension Option (2018)

Presentation File

In this presentation, the District of Columbia and Maryland share their decision to use the Part C Extension Option, and their implementation approaches.