$0 Delaware Dispute Letter Starter Kit

Child Development Watch Delaware: Navigating Early Intervention and the Part C to Part B Transition

Your child has been receiving early intervention services through Child Development Watch. The third birthday is approaching, and the district is now entering the picture. This transition — from Part C to Part B — is one of the most stressful moments in Delaware special education, and it catches families off guard almost every time. Understanding what CDW is, what it provides, and what legally has to happen as your child ages out of the program is how you avoid the most common gaps.

What Child Development Watch Is

Child Development Watch (CDW) is Delaware's Part C early intervention program — the state system for identifying and serving children with developmental delays or disabilities from birth through age three. It is administered by the Delaware Division of Public Health, not the Department of Education, which matters because the transition at age three involves a complete handoff between two state agencies with different mandates, funding streams, and eligibility standards.

CDW operates statewide and provides services under an Individualized Family Service Plan (IFSP) — not an IEP. The IFSP is family-centered by design: it describes the child's needs in the context of family routines and environments, and services are often provided in natural environments (home, childcare settings). Service coordinators work with families to arrange speech therapy, occupational therapy, physical therapy, and developmental services.

Delaware's CDW has shown strong referral numbers in recent years, partly driven by expanded awareness of early autism identification. The state's 895% increase in autism classification over two decades has made early identification programs like CDW increasingly important — and increasingly enrolled.

The Critical Transition Timeline

The legal obligation triggering Part C to Part B transition planning is your child's second birthday — not their third. Under IDEA Part C (20 U.S.C. § 1435(a)(9)) and Delaware's implementing regulations, transition planning must begin no later than 90 days before the child's third birthday. In practice, CDW service coordinators should be initiating a transition conference with the local education agency before the child turns two and a half.

Here is the required sequence:

Step 1: Transition conference (by age 2.5 at the latest). CDW coordinates a meeting with you and the district. The purpose is to discuss what Part B services might look like, introduce you to the school system, and begin planning.

Step 2: Referral to the school district. CDW refers your child to the local school district (the LEA that serves your address) for a Part B eligibility evaluation. This is a separate evaluation from anything CDW has done — Part C eligibility and Part B eligibility use different standards.

Step 3: Part B evaluation. The district has 60 calendar days from receiving the referral to complete the evaluation (this timeline may be adjusted if the referral occurs during summer). The evaluation must cover all areas of suspected disability.

Step 4: IEP meeting. If your child is eligible under Part B, the district must develop an IEP and have services ready to begin on the child's third birthday — not weeks or months after.

The third birthday is a hard deadline. IDEA requires that the IEP be in effect on the child's third birthday. If the district has not completed its evaluation or held an IEP meeting by that date, that is a procedural violation under 14 Del. Admin. Code § 925.

Where the Transition Goes Wrong

Delaware families report a consistent set of problems with the CDW-to-Part B transition:

The evaluation re-scope problem. Part C and Part B have different eligibility criteria. A child who qualified for CDW services based on developmental delay may not qualify under Part B's category-specific criteria (which require a recognized disability category under 14 Del. Admin. Code § 925). Districts sometimes conduct narrow evaluations that miss areas CDW was addressing — particularly when CDW was providing speech services for a child who functioned in a borderline range. Request a comprehensive evaluation across all areas CDW was addressing, in writing.

Service intensity drops at transition. IFSP services often run at higher frequencies than what districts initially propose in an IEP. The district is not required to replicate IFSP service levels exactly, but it is required to provide FAPE. If the proposed IEP shows significantly reduced services without explanation, ask the IEP team to document what has changed in the child's needs that justifies the reduction. "This is what we offer three-year-olds" is not a legally adequate explanation.

The summer birthday problem. Children with birthdays in June, July, or August turn three during the summer. Districts are still obligated to have an IEP ready by the third birthday, which means evaluation and IEP development need to be substantially complete before the school year ends. Districts sometimes let this slip. If your child has a summer birthday, begin pushing for the evaluation referral earlier — aim for a completed evaluation by April so the IEP meeting can happen in May.

Geographic gaps in specialist availability. In Kent and Sussex counties, CDW service coordinators have documented difficulty finding service providers. The transition to Part B in these regions can expose a similar gap: districts may not have in-house speech or OT staff and may rely on contractors with wait lists. This is the district's problem to solve, not yours. If the district cannot staff your child's IEP as written, that is an implementation failure that can be addressed through a state complaint.

Free Download

Get the Delaware Dispute Letter Starter Kit

Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.

Military Families at Dover AFB

Dover Air Force Base sits in Kent County and brings a consistent population of military families through Delaware — some staying for 2-3 year assignments, others for shorter rotations. Families who arrive with a child receiving CDW-comparable early intervention services from another state, or who are mid-evaluation when they transfer, face specific challenges.

Delaware participates in the Interstate Compact on Educational Opportunity for Military Children (MIC3). Under MIC3, receiving states are obligated to provide comparable services to what a military-connected student was receiving in the sending state. For a child who has transitioned from Part C and has an active IEP, this means the school district receiving the child must convene an IEP meeting and provide services substantially comparable to those in the transferring IEP while the district completes any additional evaluation.

For families arriving mid-transition — their child was receiving CDW-equivalent services in another state but has not yet had the Part B evaluation — the timeline continues from where it left off. Contact the District 2 (Capital School District, which serves Dover AFB) special education office immediately upon arrival, bring all CDW/IFSP records, and request in writing that the evaluation process begin immediately.

What Happens If CDW Services End Without a Part B Placement

The nightmare scenario: your child turns three, CDW services end, and the district has not completed its evaluation or does not find your child eligible. Your child is in a gap with no services.

If the district did not complete the evaluation before your child's third birthday due to reasons within the district's control, that is a violation of 14 Del. Admin. Code § 925.2.3's evaluation timeline requirements. File a state complaint with the DDOE OEC immediately. The 60-day investigation timeline means you will have a response within two months, and corrective action can include compensatory services for the gap period.

If the district completed the evaluation and found your child ineligible, and you disagree, you have two options: request an Independent Educational Evaluation (IEE) at public expense under 14 Del. Admin. Code § 925.4.0, or file for due process. The IEE is usually the better first step — an independent evaluator with no stake in the outcome who finds your child eligible is powerful evidence in any subsequent proceeding.

Keeping the CDW Record Intact

Before your child ages out of CDW, request a complete copy of:

  • All IFSP documents (initial and all updates)
  • All CDW evaluation and assessment records
  • Service logs showing frequency and duration of services received
  • Any screening tools used (e.g., ASQ-3, M-CHAT-R)
  • Contact information for your CDW service coordinator

This record is your baseline. In Part B disputes — especially about service intensity or the scope of the disability — CDW records demonstrating what was needed and provided at age two are compelling evidence. Districts cannot simply ignore a documented history of intensive early intervention by proposing a minimal kindergarten IEP.

For a complete walkthrough of the transition process, eligibility disputes, and how to document the CDW record for use in subsequent IEP negotiations, see the Delaware IEP & 504 Advocacy Playbook.

Get Your Free Delaware Dispute Letter Starter Kit

Download the Delaware Dispute Letter Starter Kit — a printable guide with checklists, scripts, and action plans you can start using today.

Learn More →