Unfortunately, when EYFS starts in september the 10 session ruling no longer applies as they changed the wording completely in EYFS.
Its all under review at the moment cos the current wording is completely unworkable.
The current wording of EYFS says that the child can ONLY be counted as an older child when attending a childminder before and/or after a normal school day. Ofsted have said to many childminders that this means they revert to a young child in school holidays.
The last I heard was from the DCSF (Department of Children Schools & Families) who said that it was never their intention to change the current situation and they are in discussions with Ofsted to find a way to resolve the situation. IMO if it wasn't their intention to change the situation they could have used the same wording as the National Standards. But they need to ensure the rest of EYFS will still apply to children in reception year I suppose.
I heard they were expecting to release another revised version in July - so hopefully there will be an appropriate amendment.
In the meantime, we have to abide by the ridculous wording of EYFS, which means most of us will need a variation for each child in reception class for the whole school year up until 31 Aug 09.
There's a feedback form on www.teachernet.gov.uk/teachingandlearning/EYFS. Please take a moment to fill it in - the more complaints they get the more likely the next revision will be in our favour (says crossing fingers, toes etc)