118 STAT. 2746 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(H) are provided in conformity with an individualized family service plan adopted in accordance with section 636. ‘‘(5) INFANT OR TODDLER WITH A DISABILITY.—The term ‘infant or toddler with a disability’— ‘‘(A) means an individual under 3 years of age who needs early intervention services because the individual— ‘‘(i) is experiencing developmental delays, as meas ured by appropriate diagnostic instruments and proce dures in 1 or more of the areas of cognitive develop ment, physical development, communication develop ment, social or emotional development, and adaptive development; or ‘‘(ii) has a diagnosed physical or mental condition that has a high probability of resulting in develop mental delay; and ‘‘(B) may also include, at a State’s discretion— ‘‘(i) at risk infants and toddlers; and ‘‘(ii) children with disabilities who are eligible for services under section 619 and who previously received services under this part until such children enter, or are eligible under State law to enter, kindergarten or elementary school, as appropriate, provided that any programs under this part serving such children shall include— ‘‘(I) an educational component that promotes school readiness and incorporates pre literacy, lan guage, and numeracy skills; and ‘‘(II) a written notification to parents of their rights and responsibilities in determining whether their child will continue to receive services under this part or participate in preschool programs under section 619. ‘‘SEC. 633. GENERAL AUTHORITY. ‘‘The Secretary shall, in accordance with this part, make grants to States (from their allotments under section 643) to assist each State to maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families. ‘‘SEC. 634. ELIGIBILITY. ‘‘In order to be eligible for a grant under section 633, a State shall provide assurances to the Secretary that the State— ‘‘(1) has adopted a policy that appropriate early interven tion services are available to all infants and toddlers with disabilities in the State and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State, infants and toddlers with disabilities who are homeless children and their families, and infants and toddlers with disabilities who are wards of the State; and ‘‘(2) has in effect a statewide system that meets the require ments of section 635. 20 USC 1434. Grants. 20 USC 1433.
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