On or about November 22, 1995, Appellant filed an affidavit of appeal regarding the notice it received from the Council stating program funds would be terminated as of December 31, 1995, because the Center had not received the required accreditation from National Academy of Early Childhood Program by November 3, 1995. The basis for the appeal was the fact the Center's validation visit for NAECP accreditation had already occurred on October 17, 1995, and accreditation was expected to be received during the first week of December 1995.

The Scavo Headstart Program is a continuation program that was unable to attain NAECP accreditation by the April 1995 deadline. On May 3, 1995, the Center received a 6-month waiver. The NAECP Commission had not met and made a decision by the November 3, 1995, waiver deadline.

On the morning of the appeal hearing, representatives of the Center produced evidence of certification by the NAECP which had been received on December 15, 1995.

That the decision of the Child Development Coordinating Council to terminate funding for the Scavo Headstart program was reversed due to the council's desire to retract its letter of termination and desire to continue to fund this program.