Early Intervention Program — COMING SOON! Comprehensive services for children from birth to age 3. Email infoei@ocservices.org for details.

Pendency

Continuous support from birth to age 21
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What is Pendency?

Pendency, also called stay-put, is a legal protection that allows children to continue receiving their current educational services while disputes are being resolved or new placements are being arranged. From birth through age 21, we provide uninterrupted support so children can continue learning and growing.

Because Optimal Care Services provides the full spectrum of services—Early Intervention, SEIT, SETSS, and Pendency—we can support your child throughout their entire educational journey, creating consistency even during uncertain times.

Stability During Times of Change

Change can be challenging, especially when it affects a child’s education. Pendency services ensure that children continue receiving the support they need without interruption while families and schools work together to determine the best path forward.

Additional Resources

NYC DOE Family Guide to Preschool Special Education Services Impartial Hearings New York Lawyers for the Public Interest - Pendency
FAQs

Frequently Asked Questions

Pendency, also referred to as the "stay-put" provision under IDEA (Individuals with Disabilities Education Act), ensures that a student remains in their current educational placement and continues receiving the agreed-upon services while any special education dispute (such as due process hearings or appeals) is being resolved. This prevents any disruption in the student's services during the dispute resolution process.

Pendency begins immediately when a due process complaint or appeal is filed, and it remains in effect until the dispute is resolved, either through a settlement, hearing decision, or mutual agreement between the parties involved.

The pendency placement is generally the most recent IEP (Individualized Education Program) that both the district and the parent agreed upon and was being implemented at the time the dispute began. This serves as the baseline for services during the pendency period.

Pendency services are usually provided by the school district. Depending on the specifics of the case, they may be delivered in the school setting or, in some instances, in alternative environments such as the student's home or through private providers.

Yes. Pendency services are based on the prior, agreed-upon IEP, not the new or proposed IEP that is under dispute. This ensures that the students’ educational placement and services are maintained without disruption during the dispute.

Pendency continues until the dispute is resolved in one of the following ways:
  • A settlement agreement is reached
  • An impartial hearing officer issues a decision
  • The complaint is withdrawn by the filing party

The Early Intervention Program (EIP) is a public program funded by New York State, Nassau, and Suffolk counties, and the NYC Department of Mental Health, and is for children less than three years of age, who have or are suspected of having a developmental delay and/or disability. Eligibility for EIP can be determined only by State aproved evaluators under contract with the municipality. If a child is found eligible for the EIP, all services are identified in collaboration with the family and must be authorized by the municipality.The municipality will arrange for service providers to deliver services authorized by the municipality. All services under the EIP are approved at no out-of-pocket costs for families, but health insurance may be accessed, without affecting your family's benefits. For services provided in community settings that require a fee, the parent is responsible for paying those costs. To access EI services, contact the Nassau County Department of Health at 516-853-3100. To access EI services within New York City, contact the NYC Help Line at 311. Optimal Care Services is an approved provider of Early Intervention services under contract with New York State Department of Health; a New York State Education Department-approved Special Education Itinerant teacher (SEIT) service provider, including bilingual SEIT, Special Education Teacher Support and Services (SETSS); Pendency; and a Continuing Teacher and Leader Education (CTLE) sponsor. The committee on Preschool Special Education (CPSE) program is funded and regulated by the NYS Education Department, county, and your local school district for children 3-5. Services are provided at no direct cost to families for children who meet eligibility guidelines.