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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.

(2)(ii) because mild hearing losses can result in developmental delays. One commenter suggested that we clarify that the definition of infant or toddler with a

disability in §303.21(a)(2) does not require that the

infant or toddler with a disability have a severe or chronic condition and that the definition includes at-risk infants and toddlers.

Another commenter requested that we revise §303.21 to

provide that a State’s definition of infant or toddler with

a disability can include, at the State’s discretion,

children with disabilities who are eligible for services under section 619 of the Act and previously were served under Part C of the Act until such children enter, or are eligible to enter, kindergarten. Another commenter was concerned that services will be denied to children transitioning between Part C of the Act and Part B of the Act during the summer months despite the requirements in

§303.21(c) and the definition of child in §303.6.

Discussion: The examples of diagnosed conditions that have a high probability of resulting in developmental delay

listed in §303.21(a)(2)(ii) were taken from Note 1

following current §303.16, which states:

The phrase ‘a diagnosed physical or mental condition

that has a high probability of resulting in