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.
Additionally, requirements in these regulations, such
as the evaluation and assessment requirements in §303.321,
apply to a child who is referred to the State Part C program but is determined not to be eligible as an infant or toddler with a disability. Thus, including a definition of child in the regulations is necessary, and this definition is clear in its inclusion of infants and toddlers under the age of three.
Developmental delay (§303.10)
Comment: A few commenters suggested amending the definition of developmental delay. One commenter
recommended that the definition be revised to specifically
reference infants and toddlers with mild disabilities.
Another commenter recommended that the regulations clarify that any definition of developmental delay that the State adopts in response to public comments should not exclude from eligibility children who are eligible under the
State’s pre-existing definition of developmental delay.
Discussion: These comments are addressed in our discussion
of the comments on §303.111.
Early intervention service program (§303.11) and early
intervention service provider (§303.12)