| Evaluations, Reevaluations and Eligibility Determinations |
| USDOE Comments: C.F.R. 300.8(b) Children aged three through nine experiencing development delays. |
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Comment: Several commenters expressed support for allowing LEAs to
select a subset of the age range from three through nine for their
definition of developmental delay. A few commenters recommended
clarifying that States, not the LEAs, define the age range of children
eligible under this category of developmental delay. Discussion: Section 300.8(b) states that the use of the developmental delay category for a child with a disability aged three through nine, or any subset of that age range, must be made in accordance with § 300.111(b). Section 300.111(b) gives States the option of adopting a definition of developmental delay, but does not require an LEA to adopt and use the term. However, if an LEA uses the category of developmental delay, the LEA must conform to both the State’s definition of the term and the age range that has been adopted by the State. If a State does not adopt the category of developmental delay, an LEA may not use that category as the basis for establishing a child’s eligibility for special education and related services. Based on the comments, it appears that § 300.8(b) has been misinterpreted as stating that LEAs are allowed to establish the age range for defining developmental delay independent of the State. We believe it is important to avoid such confusion and, therefore, will modify § 300.8(b) to clarify the provision. Changes: For clarity, we have removed the phrase, ‘‘at the discretion of the State and LEA in accordance with § 300.111(b)’’ and replaced it with ‘‘subject to the conditions in § 300.111(b).’’ |