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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.

Under §303.111(a) and (b), the State’s definition of

developmental delay must include: (1) a description of the evaluation and assessment procedures that will be used,

consistent with §303.321, to measure a child’s development;

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

developmental areas identified in §303.21(a)(1). Under

§303.208, the State must receive, and respond to, public

comments (including comments from parents, EIS providers, members of the Council and other stakeholders) and conduct public hearings on its definition of developmental delay.

Requiring public scrutiny of the definition of developmental delay in each State before the State adopts it helps ensure that the definition ultimately adopted by the State is appropriate for that State. As noted in the

preamble discussion for §303.111 of subpart B of these

regulations, a State is not required to change its definition of developmental delay in order for it to be

“rigorous” provided that the definition (regardless of the

level of developmental delay it covers) meets the

requirements in §303.111(a) and (b) and met the public

participation requirements in §303.208(b) since the Act was

amended in December 2004.