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Table 7: Infant or Toddler with a Disability

Table 7: Infant or Toddler with a Disability
Current Part C Regulation 2007 Proposed Regulation
§ 303.16 Infants and toddlers with disabilities.
(a) As used in this part, infants and toddlers with disabilities means individuals from birth through age two who need early intervention services because they—
(1) Are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:,br> (i) Cognitive development.
(ii) Physical development, including vision and hearing.
(iii) Communication development.
(iv) Social or emotional development.
(v) Adaptive development; or
(2) Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.
(b) The term may also include, at a State's discretion, children from birth through age two who are at risk of having substantial developmental delays if early intervention services are not provided.
(Authority: 20 U.S.C. 1432(5))
NOTE 1: The phrase ''a diagnosed physical or mental condition that has a high probability of resulting in developmental delay,'' as used in paragraph (a)(2) of this section, 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.
§303.21 Infant or toddler with a disability.
(a) Infant or toddler with a disability means an individual under three years of age who needs early intervention services because the individual—
(1) Is experiencing a developmental delay, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:
(i) Cognitive development.
(ii) Physical development, including vision and hearing.
(iii) Communication development.
(iv) Social or emotional development.
(v) Adaptive development; or
(2) Has a diagnosed physical or mental condition that—
(i) Has a high probability of resulting in developmental delay; and
(ii) Includes conditions such as chromosomal abnormalities; genetic or congenital disorders; severe sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome.
(b) Infant or toddler with a disability also may include, at a State's discretion, an at-risk infant or toddler (as defined in §303.5).
(c) Infant or toddler with a disability also may include, at a State's discretion, a child with a disability who is eligible for services under section 619 of the Act and who previously received services under this part until the child enters, or is eligible under State law to enter, kindergarten or elementary school, as appropriate, provided that any programs under this part serving the child must include—
(1) An educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills; and
(2) A written notification to parents of their rights and responsibilities in determining whether their child will continue to receive services under this part or participate in preschool programs under section 619 of the Act.
(Authority: 20 U.S.C. 1401(16), 1432(5))

This comparison excerpted from Part C of the Individuals with Disabilities Education Act, Early Intervention Program for Infants and Toddlers with Disabilities, Proposed Regulations, Side-by-Side Initial Draft (2007, May), prepared by the Division on Early Childhood, IDEA Infant & Toddler Coordinators Association, and the Council for Exceptional Children.

This side-by-side comparison of the current IDEA Part C regulations to the 2007 proposed Part C regulations is intended to serve as a tool to assist readers in preparing their own analysis related to the Part C proposed regulations.

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