§ 300.25 Infant or toddler with a disability.

Plain English summary

This section defines 'infant or toddler with a disability' as an individual under three years of age who requires early intervention services due to developmental delays or a diagnosed condition with high probability of causing developmental delay. States may optionally extend this definition to include at-risk infants and toddlers, as well as section 619-eligible children who previously received Part C services until kindergarten entry. When states exercise this discretion for the latter group, specific programmatic and parental notification requirements apply.

Key requirements

• Infant or toddler with a disability means an individual under three years of age who needs early intervention services because the individual is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development
• Has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay
• May also include, at a State's discretion, at-risk infants and toddlers
• May also include, at a State's discretion, children with disabilities who are eligible for services under section 619 and who previously received services under Part C of the Act until such children enter, or are eligible under State law to enter, kindergarten or elementary school, as appropriate
• Any programs under Part C of the Act serving such children shall include an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills
• Any programs under Part C of the Act serving such children shall include a written notification to parents of their rights and responsibilities in determining whether their child will continue to receive services under Part C of the Act or participate in preschool programs under section 619

Affected parties

• infants and toddlers with disabilities
• at-risk infants and toddlers
• states
• parents
• children eligible under section 619
• Part C service providers

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.25