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Developmental Delay

Definition

Developmental delay is defined as follows:  A child with a disability aged 3-5, may, at the discretion of the local educational agency, include a child experiencing developmental delays, as defined below and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development; and who, by reason thereof, needs special education and related services. [20 USC 1401(a)(3)(B)(i-ii)]

The measured delays must be so significant as to adversely affect the child's educational performance or achievement in age-relevant, developmentally, and individually appropriate activities such that the child does not achieve or perform at a level commensurate with that of typically developing children of the same age.

Every effort will be made to identify a child's primary disability under one of the other Part B eligibility criteria, reserving developmental delay for those situations in which a clear determination cannot be made under any other category.

For a five-year-old who has transitioned from early childhood special education to a public school, and who has been determined eligible under developmental delay by CDS, and for whom the IEP Team cannot achieve consensus on Part B criteria for the kindergarten year, the SAU may continue the eligible child under the developmental delay criteria for that year consistent with 34 CFR 300.111.  During the kindergarten year, the IEP Team will determine by means of further evaluation, assessments and classroom observations, whether the child is eligible as a child with a disability under Part B criteria.

(05-071 Chapter 101, Maine Unified Special Eduation Regulation)

Procedure for Determination.  All steps below are required.

• A developmental delay will be determined through the use of standardized measures intended to examine all five areas of development, and administered by a licensed or certified individual with formal training in professional standards of the assessment of young children.
• Criteria for identifying significant delays are scores of at least 1.5 standard deviations below the mean in at least two of the five listed domains or 2 standard deviations below the mean in one of the five listed domains.
• The composite standard score of the overall domain will be used to determine a standard deviation below the mean in a developmental area.
• The identification of a young child with a developmental delay will include consideration of an observation of the child in the learning environment or an environment appropriate for a child of that age, to document educational performance and behavior in the areas of difficulty.  The observation will be done by a certified special education personnel, other than the child's current provider.
• The IEP Team will determine if the child's delay adversely affects the child's educational performance.

Useful Links:

HealthLine - Developmental Delay

National Institute on Developmental Delays

NICHCY - Developmental Delay