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.
Comment: One commenter expressed concern that the
definition of child in §303.6 could be misinterpreted to
mean that an infant or toddler under age three would not
meet the definition. Another commenter stated that §303.6
should not be included in the regulations because there is no requirement that early intervention programs serve children over the age of three.
Discussion: The term child, as used in Part C of the Act, means an individual under the age of six. This is a broad definition that includes children with or without disabilities under the age of three (including infants and toddlers with disabilities) and children with or without disabilities ages three and older. While the commenter is correct that States are not required to provide early intervention services under Part C of the Act to a child
over the age of three, a State may elect, under §303.211,
to make early intervention services available to children ages three and older who are eligible for services under section 619 of the Act and previously received early
intervention services under §303.211 until the child
enters, or is eligible under State law to enter,
kindergarten or elementary school. Nothing in §303.6 or
these regulations requires a State to serve children with disabilities beyond age three under Part C of the Act.