Consequently, school districts and their solicitors should check the underlying statutory law, and be responsive to concerns raised by parents and their advocates. This material is being reviewed for necessary revisions as provisions of the law are phased into effect and regulations are promulgated. The purpose of this circular is to clarify departmental policy concerning the length of the program year for eligible young children in early intervention programs. It is the intent of the department to assure the provision of appropriate early intervention services to eligible young children in accordance with Act 212 of 1990, the Early Intervention Services System Act. However, the department received numerous comments that ESY criteria may not be applicable for eligible young children in early intervention programs.
Experts generally agree that the first five years are critical in the development of the child.
These years evidence the most rapid periods of development during the human lifespan. Additionally, the traditional 180 days per year does not apply to programs for preschool aged children as either a maximum or minimum. Since preschool children are not in school, there is no school year to extend. As a result, the following principles apply. Based on individual needs, the IEP team will determine the duration and frequency of needed early intervention services.