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includes various groups of children such as an infant or toddler who is experiencing a developmental delay, or who has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay and in no way limits eligibility to infants or toddlers with severe or chronic conditions. Thus, the clarification recommended by the commenter is not necessary.

With respect to the commenter’s request that the

definition of infant or toddler with a disability in

§303.21 include at-risk infants and toddlers, §303.21(b)

provides that the definition of infant or toddler with a

disability may include, at a State’s discretion, an at-risk

infant or toddler, as defined in §303.5. It is the

Department’s position that each State must be provided

discretion to develop a definition of infant or toddler with a disability that meets the unique needs of its population. The definition of infant or toddler with a disability addresses sufficiently and appropriately the issue of at-risk infants and toddlers and, therefore, we have not revised the definition as requested.

Concerning the request to revise the definition of infant or toddler with a disability to include children who are eligible for services under section 619 of the Act and

were previously served under Part 303, §303.21(c) already