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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 34 - Education |
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Subtitle B - Regulations of the Offices of the Department of Education |
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Chapter III - Office of Special Education and Rehabilitative Services, Department of Education |
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Part 300 - Assistance to States for the Education of Children With Disabilities |
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Subpart C - Local Educational Agency Eligibility |
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Free Appropriate Public Education |
§ 300.313 - Children experiencing developmental delays.
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(a)
Use of term developmental delay. (1) A State that adopts the termdevelopmental delay under § 300.7(b) determines whether it applies to children aged 3 through 9, or to a subset of that age range (e.g., ages 3 through 5).(2) A State may not require an LEA to adopt and use the term
developmental delay for any children within its jurisdiction.(3) If an LEA uses the term
developmental delay for children described in § 300.7(b), the LEA must conform to both the State's definition of that term and to the age range that has been adopted by the State.(4) If a State does not adopt the term
developmental delay, an LEA may not independently use that term as a basis for establishing a child's eligibility under this part.(b)
Use of individual disability categories. (1) Any State or LEA that elects to use the termdevelopmental delay for children aged 3 through 9 may also use one or more of the disability categories described in § 300.7 for any child within that age range if it is determined, through the evaluation conducted under §§ 300.530-300.536, that the child has an impairment described in § 300.7, and because of that impairment needs special education and related services.(2) The State or LEA shall ensure that all of the child's special education and related services needs that have been identified through the evaluation described in paragraph (b)(1) of this section are appropriately addressed.
(c)
Common definition of developmental delay. A State may adopt a common definition ofdevelopmental delay for use in programs under Parts B and C of the Act.