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Department define the term “rigorous” in §303.111. One

commenter requested that the regulations clarify that a

“rigorous” definition of developmental delay does not

necessarily mean that States must change their definitions to make them more rigorous than they were before the enactment of the 2004 amendments to the Act. The same commenter expressed concern that any definition of

developmental delay under §303.111 would exclude certain

children who are eligible under the State’s existing

definition of developmental delay.

Another commenter suggested that §303.111 be amended

to include “children” with delays, and not only “infants

and toddlers,” because of a State’s option to make Part C

services available to children ages three and older

pursuant to §303.211.

Discussion: The definition of developmental delay in

§303.111, which is aligned with section 635(a)(1) of the

Act, replaces the definition of developmental delay in

current §§303.161 and 303.300. Consistent with

§303.203(c), a State’s definition of developmental delay is

considered to be rigorous under Part C of the Act if the

definition meets the requirements in §303.111(a) and (b),

and, was established in accordance with the public

participation requirements in new §303.208(b).