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.
infants and toddlers with disabilities, the State must include the definition of at-risk infants and toddlers with disabilities in its application. A State also must include in its application a description of the early intervention services to be provided to at-risk infants and toddlers with disabilities. Section 303.204 does not require a State to provide services to at-risk infants and toddlers; therefore, these requirements and the financial responsibilities associated with their implementation are
applicable only to those States that choose to include “at-
risk infants and toddlers” in their definition of infant or
toddler with a disability under §303.21(b).
Comment: One commenter recommended adding language in
§303.204(a) to encourage States to examine closely the
percentage of premature infants who eventually receive Part C services and to use this information to develop presumptive eligibility criteria for at-risk infants and toddlers to receive Part C services.
Discussion: The Act does not require States to develop presumptive eligibility criteria for at-risk infants and toddlers. Sections 632(1), 632(5)(B)(i), and 637(a)(4) of the Act provide States with the option to make at-risk infants and toddlers eligible under Part C of the Act, and