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.
Act means the Individuals with Disabilities Education Act, as amended.
(Authority: 20 U.S.C. 1400(a))
§303.5 At-risk infant or toddler.
At-risk infant or toddler means an individual under three years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual. At the
State’s discretion, at-risk infant or toddler may include
an infant or toddler who is at risk of experiencing
developmental delays because of biological or environmental
factors that can be identified (including low birth weight, respiratory distress as a newborn, lack of oxygen, brain hemorrhage, infection, nutritional deprivation, a history of abuse or neglect, and being directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure).
(Authority: 20 U.S.C. 1432(1), 1432(5)(B)(i) and 1437(a) (6))
Child means an individual under the age of six and may include an infant or toddler with a disability, as that
term is defined in §303.21.