[Copyrighted Material Omitted] Eugene D. Gulland, Joshua D. Wolson, Covington & Burling, Washington, D.C., for defendants. Jonathan Russell Lovvorn, The Humane Society of the United States of America, Washington, DC, Katherine A. Meyer, Kimberly Denise Ockene, Tanya Sanerib, Meyer, Glitzenstein & Crystal, Washington, DC, for plaintiffs. MEMORANDUM OPINION FACCIOLA, United States Magistrate Judge. This case was referred to me for resolution of all unresolved issues raised in Plaintiffs' Motion to
(a) In general A statewide system described in section 1433 of this title shall include, at a minimum, the following components: (1) A rigorous definition of the term "developmental delay" that will be used by the State in carrying out programs under this subchapter in order to appropriately identify infants and toddlers with disabilities that are in need of services under this subchapter. (2) A State policy that is in effect and that ensures that appropriate early intervention services based on
(a)General. Not later than December 3, 2005, each State must have in place a performance plan that evaluates the State's efforts to implement the requirements and purposes of Part B of the Act, and describes how the State will improve such implementation. (1) Each State must submit the State's performance plan to the Secretary for approval in accordance with the approval process described in section 616(c) of the Act. (2) Each State must review its State performance plan at least once every six years
(a)Uses. Notwithstanding §§ 300.202 , 300.203(b) , and 300.162(b) , funds provided to an LEA under Part B of the Act may be used for the following activities: (1)Services and aids that also benefit nondisabled children. For the costs of special education and related services, and supplementary aids and services, provided in a regular class or other education-related setting to a child with a disability in accordance with the IEP of the child, even if one or more nondisabled children benefit from