IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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in §303.511(b)(2) and (b)(3) in the State’s application
because these methods must be approved by the Secretary before implementation.
Changes: We added in new §303.203(b)(2), regarding State
application requirements, that States must submit “methods
used by the State to implement the requirements in
§303.511(b)(2) and (b)(3).”
Comment: Some commenters requested that the Department
define “rigorous” as that term is used in the phrase
“rigorous definition of developmental delay” in
§303.203(c). One commenter expressed concern that some
State definitions of developmental delay exclude infants and toddlers with mild developmental delays from Part C eligibility. The commenter requested that the Department
clarify that a State’s definition of developmental delay
should include mild developmental delays.
Discussion: Within each State, eligibility for Part C services turns, in part, on how the State defines
developmental delay. We interpret the term “rigorous” in
the phrase “rigorous definition of developmental delay” in
§303.203(c) to mean that the State has obtained public
input on its definition pursuant to §303.208 (because the
definition constitutes a State policy), and that its
definition meets the requirements in §303.111(a) and (b).