Part B, Section 619 Eligibility
In addition to the Part B disability categories for eligibility determinations, states can include developmental delay (defined in 34 CFR ยง300.8) and apply it to the ages 3–9, or any subset of that range.
States and Jurisdictions that Use Developmental Delay to to Determine IDEA Part B Eligibility and Age Ranges Applied
Ages 3–9
- AS
- AZ
- FM
- GA
- ID
- IL
- KS
- MA
- MS
- NH
- NM
- ND
- MH
- MN
- MP
- OK
- OR
- SC
- TN
- VT
- VI
- WI
- WY
Ages 3–8
- AL
- AK
- CO
- DE
- HI
- IN
- KY
- LA
- MT
- NE
- RI
- WA
Ages 3–7
- DC
- MD
- MI
- NC
- UT
Ages 3–6
- ME
- MO
- OH
- PA
- VA
Ages 3–5
- AR
- CT
- FL
- GU
- NV
- NJ
- PU
- SD
- WV
Ages 3–4
- NY
Notes:
- CA, IA, PR, and TX do not use the developmental delay category.
- BIE applies the developmental delay category to ages 4–9.
Source: OSEP Data Documentation, U.S. Department of Education (2021). IDEA Part B Child Count and Educational Environments for School Year 2020–2021, pp. 29–32.
OSEP Fast Facts: IDEA Section 618 Data Collected on Children with Disabilities Served Under IDEA, Part b During the Time of the COVID-19 Pandemic (2023)
This series presents data collected on special education services during the COVID-19 pandemic.
OSEP Memo 17-05 — Eligibility Determinations for Children Suspected of Having a Visual Impairment Including Blindness under the Individuals with Disabilities Education Act (2017)
This memo provides guidance to states on supporting their local education agencies in reaching appropriate eligibility determinations for children with a visual impairment disability, including blindness. It includdes links to resources to help states examine their procedures that relate to the identification and evaluation of children with this disability.
Concept Paper: Developmental Delay as an Eligibility Category (2009)
This concept paper was developed by The Division for Early Childhood (DEC), and address policies and practices for using developmental delay as a category of eligibility for young children. These policies and practices have evolved in response to changes in federal legislation and recommended practices in the field of early intervention and early childhood special education.