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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.

developmental delay,’ ... applies to a condition if it

typically results in developmental delay. Examples of these conditions include chromosomal abnormalities; genetic or congenital disorders; severe sensory impairments, including hearing and vision; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; disorders secondary to exposure to toxic substances, including fetal alcohol syndrome; and severe attachment disorders.

The reference to “severe attachment disorders,” which was

included in Note 1, was inadvertently omitted from proposed

§303.21(a)(2)(ii) and we have added it to §303.21(a)(2)(ii)

as an example of a diagnosed condition that has a high probability of resulting in developmental delay.

Concerning the commenter’s request that the qualifier

“severe” be deleted from the phrase “sensory impairments,”

in §303.21(a)(2)(ii), we agree with the commenter that even

a mild sensory impairment may result in developmental delay and have revised the definition accordingly.

Concerning the commenter’s request that we clarify

that the definition of infant or toddler with a disability does not require that the infant or toddler with a

disability have a severe or chronic condition, §303.21