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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).