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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.

Given that section 635(a)(1) of the Act provides each State with the flexibility to define the term developmental

delay, as it is used in the State’s Part C program, the

requirements in §§303.111 and 303.208 address the public’s

desire to ensure appropriate identification of all infants and toddlers with disabilities while providing each State the continued flexibility to develop its definition.

Changes: None.

Application’s definition of at-risk infants and toddlers

and description of services (§303.204)

Comment: One commenter supported the requirements of this section and the definition of the term at-risk infant or

toddler in §303.5, but expressed concern that serving at-

risk infants and toddlers would be an additional fiscal burden on States.

Discussion: Serving at-risk infants or toddlers is a State option under section 632(5)(B)(i) of the Act. Section 303.204 incorporates the requirement from section 637(a)(4) of the Act that the State describe the services to be provided to at-risk infants and toddlers through the Part C

statewide system only if the State chooses to make “at-risk

infants and toddlers” eligible for Part C services in the


If a State elects to provide services to at-risk