34 CFR § 303.111 - State definition of developmental delay.

---
identifier: "/us/cfr/t34/s303.111"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 303.111 - State definition of developmental delay."
title_number: 34
title_name: "Education"
section_number: "303.111"
section_name: "State definition of developmental delay."
chapter_name: "OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION"
part_number: "303"
part_name: "EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 1431 through 1444, unless otherwise noted."
regulatory_source: "76 FR 60244, Sept. 28, 2011, unless otherwise noted."
cfr_part: "303"
---


# 303.111 State definition of developmental delay.

Each system must include the State's rigorous definition of *developmental delay,* consistent with §§ 303.10 and 303.203(c), that will be used by the State in carrying out programs under part C of the Act in order to appropriately identify infants and toddlers with disabilities who are in need of services under part C of the Act. The definition must—

(a) Describe, for each of the areas listed in § 303.21(a)(1), the evaluation and assessment procedures, consistent with § 303.321, that will be used to measure a child's development; and

(b) Specify the level of developmental delay in functioning or other comparable criteria that constitute a developmental delay in one or more of the developmental areas identified in § 303.21(a)(1).

(Approved by Office of Management and Budget under control number 1820-0550)

(Authority: 20 U.S.C. 1435(a)(1))