EI Law 2010

A recent federal court opinion addressed the delay in services of a child in early intervention who was late in transitioning to Pre-K, or Part B, services. There should be no gap, or as little as possible, between the termination of early intervention, and the start of special education. In the case, Shaun M. by Kookie W. v. Hamamoto, 53 IDELR 185 (D. Hawaii 2009), the court held that the Department of Education failed to provide a free appropriate public education to a three year old child with developmental delays. There was a “material failure” in implementing the transition plan from Part C to Part B, creating liability for not implementing the IEP for 26 days after Part C services stopped.