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Who is eligible for early intervention services?

Infants and toddlers with disabilities
Definitions, Federal Regulations [Sec.303.16]


Summary
The federal definition provides two ways for an infant or toddler to meet the criteria for early intervention services, and allows states to include children at risk. Regulatory Note 1 gives examples, and regulatory Note 2 discusses children at risk for developmental delay.

 

(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:


(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 infants and toddlers with disabilities 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.

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.

Note 2: With respect to paragraph (b) of this section, children who are at risk may be eligible under this part if a State elects to extend services to that population, even though they have not been identified as disabled. Under this provision, States have the authority to define who would be “at risk” of having substantial developmental delays if early intervention services are not provided.'' In defining the “at risk” population, States may include well-known biological and environmental factors that can be identified and that place infants and toddlers ``at risk'' for developmental delay. Commonly cited factors include low birth weight, respiratory distress as a newborn, lack of oxygen, brain hemorrhage, infection, nutritional deprivation, and a history of abuse or neglect. It should be noted that ``at risk'' factors do not predict the presence of a barrier to development, but they may indicate children who are at higher risk of developmental delay than children without these problems

 

Definitions, Maryland Regulations [COMAR 13A.13.01.02.B]


Summary
The Maryland definition provides three categories for eligibility

 

(21) Infants and toddlers with disabilities means children from birth through 2 years old who are eligible for early intervention services, as documented by appropriate qualified personnel, because they:

(a) Are experiencing at least a 25 percent delay, as measured and verified by appropriate diagnostic instruments and procedures, in one or more of the following developmental areas:

(i) Cognitive development;
(ii) Physical development, including vision and hearing;
(iii) Communication development;
(iv) Social or emotional development;
(v) Adaptive development; or

(b) Manifest atypical development or behavior, which is demonstrated by abnormal quality of performance and function in one or more of the above specified developmental areas, interferes with current development, and is likely to result in subsequent delay (even when diagnostic instruments or procedures do not document a 25 percent delay); or

(c) Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, with examples of these conditions including 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, disorders secondary to exposure to toxic substances, including fetal alcohol syndrome, and severe attachment disorders.

 

 

 


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