Sec. 300.25 (a)

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

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