Infant or toddler with a disability—

1. (a) Means an individual under three years of age who needs early intervention services because the individual—

   1. (1) 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; or
   2. (2) Has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; and

2. (b) May also include, at a State's discretion—

   1. (1) At-risk infants and toddlers; and

   2. (2) 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, provided that any programs under Part C of the Act serving such children shall include—

      1. (i) An educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills; and

      2. (ii) 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.

         (Authority: 20 U.S.C. 1401(16) and 1432(5))