IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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.
seek out and serve all infants and toddlers under the age of three, regardless of when they were referred to the lead agency for early intervention services. The commenter expressed the belief that many children referred to the Part C program after age two are not served.
Discussion: We do not believe that the requested change is
appropriate or necessary because §303.115 provides that the
State’s comprehensive child find system must meet the
requirements in §§303.301 through 303.303. Section
303.302(b)(1) expressly requires a lead agency to ensure that all infants and toddlers with disabilities in the State who are eligible for services under Part C of the Act are identified, located, and evaluated. Additionally, the definition of an infant or toddler with a disability in
§303.21 expressly includes any eligible child until that
child reaches the age of three.
Thus, even if a child is referred to the Part C program after the age of two, the lead agency, with
parental consent, must conduct an evaluation under §303.321
or provide the parent with notice (under §303.421(b))
explaining why an evaluation is not being conducted (i.e., the child is not suspected of having a disability). Additionally, if the parent consents to an evaluation, new
§303.310(b) requires that the initial evaluation and the