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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

As required in §303.111, a State’s definition of

developmental delay must include: (1) consistent with

§303.321, a description of the evaluation and assessment

procedures that will be used to measure a child’s

development; and (2) a description of the specific level of developmental delay in functioning or other comparable criteria that constitute a developmental delay in one or

more of the developmental areas identified in §303.21(a)

(1). Additionally, in order to be “rigorous”, each State’s

definition of developmental delay must be established in accordance with the public participation requirements in

new §303.208(b) to enable parents, EIS providers, Council

members and other stakeholders and members of the public to

comment on the State’s definition. Section 303.111 does

not require a State to revise, or preclude a State from using, its existing definition of developmental delay as

long as the definition meets the requirements in §303.111

and was established in accordance with the public participation requirements that are set forth in new

§303.208(b) after December 2004.

We decline to replace the phrase “infants and

toddlers,” as used in §303.111, with the term “child,” as

one commenter requested, because this change is

unnecessary. The definition of “infant or toddler with a