IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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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).