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 through the Delaware Department of Health and Social Services (DHSS), not the Department of Education, which matters because the transition at age three involves a 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. Delaware has seen an 895% increase in students with an educational classification of autism, which makes early identification programs like CDW increasingly important.

The Critical Transition Timeline

Under IDEA Part C (20 U.S.C. § 1435(a)(9)) and Delaware's implementing regulations, a formal transition planning meeting must occur between 90 days and nine months before the child's third birthday. CDW service coordinators should coordinate the meeting with the parent and the local education agency within that window.

Here is the required sequence:

Step 1: Transition conference (between 90 days and nine months before the third birthday). 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. After the parent provides written, informed consent, the district must complete the evaluation and determine eligibility at a convened meeting within 45 school days or 90 calendar days, whichever is less, under 14 DE Admin. Code §925.2.3. 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 a finalized IEP be developed and implemented by the child's third birthday. If the district has not completed its evaluation or held an IEP meeting by that date, that may be a procedural violation under 14 Del. Admin. Code §925.2.3.

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.

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 — contact the special education office of the local school district serving your address 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 may be a violation of 14 Del. Admin. Code §925.2.3's evaluation timeline requirements. File a state complaint with DDOE Exceptional Children Resources. The DDOE must issue a written decision within 60 calendar days, subject to permitted extensions, 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.

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